Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0077, written 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 2024 |
|---|---|
| Reference | 2024-0077 |
| Deceased | Joshua Burgess |
| Coroner | Daniel Howe |
| Coroner area | Staffordshire and Stoke on Trent |
| Category | Hospital Death (Clinical Procedures and medical management) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 2 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
Regulation 28: REPORT TO PREVENT FUTURE DEATHS NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT DEATHS THIS REPORT IS BEING SENT TO: 1 University Hospital of North Midlands NHS Trust 2 Brook Medical Centre 3 Godfrey Care 1 CORONER I am Daniel HOWE, H M Area Coroner for the coroner area of Staffordshire and Stoke-on- Trent 2 CORONER’S LEGAL POWERS I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 3 INVESTIGATION and INQUEST On 25 November 2022 I commenced an investigation into the death of Joshua Ethan BURGESS aged 27. The investigation concluded at the end of the inquest on 31 January 2024. The conclusion of the inquest was that: On 19th November 2022 Joshua Ethan Burgess passed away at his home address after vomiting and aspirating during an epileptic seizure. He was diagnosed with Lennox-Gastaut Syndrome for which he was under the care of a consultant neurologist and medicated with Brivaracetam. Natural causes 4 CIRCUMSTANCES OF THE DEATH Joshua Burgess was a 27-year-old male who had severe acquired brain injuries, communication difficulties, impaired executive functioning and severe learning difficulties. He developed epilepsy from the age of 6 years and had a diagnosis of Lennox-Gestaut syndrome for which he was under the care of the Department of Neurology at Royal Stoke University Hospital. In 2019 the Department of Neurology commenced Mr Burgess on 2.5ml twice daily Brivaracetam to control his seizure activity. The dosage was increased to 10ml twice a day in 2020 and responsibility for prescribing the medication was transferred to Mr. Burgess’ General Practitioner at the Brook Medical Centre, Bradeley, Stoke-On- Trent. The reason for the change in prescriber was for the sake of convenience as the GP were the prescriber for other medications. Although the Brook Medical Centre were responsible for prescribing Brivaracetam there were no consultations between the surgery and Mr. Burgess or his mother regarding the management of his seizures or a review of medication, these continued to be undertaken by the Department of Neurology at the Royal Stoke University Hospital. In July 2020 the Consultant Neurologist agreed with Mr. Burgess’ mother that the dosage of Brivaracetam should be reduced by 2ml every 2 weeks and to be reviewed in 4 months. A letter was sent from the Department of Neurology at Royal Stoke University Hospital to the Brook Medical Centre advising of this planned reduction. No amendment to the prescription was requested and no changes were made following the letter. The prescription Regulation 28 – After Inquest Document Template Updated 30/07/2021 remained as Brivaracetam 10ml twice daily. In November 2020 a letter was sent from the Department of Neurology at Royal Stoke University Hospital to the Brook Medical Centre advising that the dose of Brivaracetam had been reduced to 3ml twice daily but then back up to 5ml twice daily. No amendment to the prescription was requested and no changes were made following the letter. In January 2021 a letter was sent from the Department of Neurology to the Brook Medical Centre advising that the dose of Brivaracetam was at 4ml twice daily and the deceased’s seizures were “relatively stable”. No amendment to the prescription was requested and no changes were made following the letter. The prescription remained as Brivaracetam 10ml twice daily. On 22 July 2022 Mr. Burgess was moved out of his parent’s care by Stoke-on-Trent social services into a supportive living placement in Leicestershire run by Godfey Care. This was undertaken on an emergency basis. When Mr. Burgess arrived at the placement it was reported by staff that the medication bottles were unlabeled and so could not be given to Mr Burgess until confirmation of the prescription was received in writing by the prescriber. The evidence at inquest was that this was a Care Quality Commission requirement. The deceased did not receive any Brivaracetam between 22 July 2022 and 26 July 2022. On 25 July 2022 a “Best Interests Meeting” was undertaken involving Mr Burgess’ mother, Godfrey care and social services during which the Mr Burgess’ mother advised that the correct dosage of Brivaracetam was 4ml twice daily and not 10ml twice daily. The same information was provided by the Department of Neurology to Godfrey Care however the medication was not provided as the information regarding the correct dose had not been provided by the prescriber. On 26 July 2022 the deceased was given Brivaracetam 10ml twice daily. The evidence at inquest was that this was likely due to a manager from Godfrey Care being given the prescription details during a call to the 111 service. On 27 July 2022 a letter was sent from the Department of Neurology to the Brook Medical Centre explaining that Mr Burgess had been moved to a care organisation on an urgent basis and there was confusion over what medication he should be taking. A request was made to forward a list of his medication but also included information from his last review within the Department of Neurology that Brivaracetam at 4ml twice daily was the appropriate dose. On 28 July 2022 the Brook Medical Centre sent a list of prescribed medication to Godfrey Care. As there had been no changes to prescription since July 2020 the recorded prescribed dose of Brivaracetam was 10ml twice daily although the dose that he has been given during the preceding 2 years was 4ml twice daily. Mr Burgess continued to receive Brivaracetam at dose of 10ml twice daily until 5 September 2022 when he was seen in a clinic at Department of Neurology at Leicester Glenfield Hospital and established that there had been a sudden increase in the Brivaracetam dose from 4ml twice daily to 10ml twice daily. The plan was for the medication to be reduced to 9ml twice daily and then to continue to reduce by 1ml twice daily at weekly intervals until he was back to the “well tolerated” dose of 4ml twice daily. Prior to 22 July 2022 whilst being given Brivaracetam at 4ml twice daily Mr Burgess experienced 5-6 seizures per week. Following the cessation of medication between 22-26 July 2022 and the increase in Brivaracetam to 10ml twice daily he was experiencing about 5 seizures per day and of longer duration. The medication was reduced as per the instruction from Department of Neurology at Regulation 28 – After Inquest Document Template Updated 30/07/2021 Leicester Glenfield Hospital. On 23 September 2022 Mr Burgess was taken back into care of his mother. Although there had been a hospital attendance on the on 15 November 2022 the seizures had stablised to a similar frequency as before the sudden interruption and increase in medication. On 19 November 2022 Mr. Burgess was sadly found unresponsive at his home address with death being verified by attending paramedic. He had passed away after vomiting and aspirating during an epileptic seizure. 5 CORONER’S CONCERNS Although not causative in Mr. Burgess death during the course of the investigation my inquiries revealed matters giving rise to concern. In my opinion there is a risk that future deaths could occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows: (brief summary of matters of concern) 1. The Neurology department of the Royal Stoke University Hospital operated a system whereby it did not instruct the prescribing GP to amend the prescription of Brivaracetam when changes to dosage had been agreed with Mr Burgess’ mother. The evidence from the Consultant Neurologist was that an assumption was made that when changes to medication had been discussed and agreed that Mr Burgess’ mother would attend the GP surgery to discuss the changes in medication. The same witness gave evidence that it was assumed a pharmacist within the GP surgery would read the correspondence from the neurology department and make the necessary changes to prescriptions without express instructions to do so. 2. The “workflow” within the Brook Medical Centre was such that letters sent from the Neurology department discussing changes in medication (albeit not containing a request to amend the prescription) were processed by support staff and not referred to a clinician to consider and so no changes were made to the prescription. 3. The letter of 27 July 2022 from the Neurology department to Brook Medical Centre seeking clarification as to the correct dosage of Brivaracetam was processed by support staff and a summary medications sent without referral to a clinician. 4. Godfrey Care were informed by Mr Burgess’ mother and the Neurology department of Royal Stoke University that the appropriate dose of Brivaracetam was 4ml twice daily. Medication was withheld between 22-26 July 2022 due to the information not being in writing from the prescriber, however the evidence at inquest was that 10ml twice daily was commenced on 26 July 2022 following a call to the 111 service. 6 ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and I believe you (and/or your organisation) have the power to take such action. 7 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by April 09, 2024. I, the coroner, may extend the period. Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed. 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the following Interested Persons Regulation 28 – After Inquest Document Template Updated 30/07/2021 I have also sent it to • NHS England • Care Quality Commission • Stoke-on-Trent, Adult Social Care who may find it useful or of interest. I am also under a duty to send a copy of your response to the Chief Coroner and all interested persons who in my opinion should receive it. I may also send a copy of your response to any person who I believe may find it useful or of interest. The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response about the release or the publication of your response by the Chief Coroner. 9 Dated: 13/02/2024 Daniel HOWE H M Area Coroner for Staffordshire and Stoke-on-Trent Regulation 28 – After Inquest Document Template Updated 30/07/2021
2 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
Prevention of Future Deaths Report (Regulation 28): Godfrey Care Response. 27th March 2024. Coroners Concerns Godfrey Care were informed by Mr Burgess’ mother and the Neurology department of Royal Stoke University that the appropriate dose of Brivaracetam was 4ml twice daily. Medication was withheld between 22-26 July 2022 due to the information not being in writing from the prescriber, however the evidence at inquest was that 10ml twice daily was commenced on 26 July 2022 following a call to the 111 service. Godfrey Care Response We intend to review our internal policies and procedures considering the coroners concerns and identify where changes need to be made. Below, we respond to the coroner’s areas of concern, setting out what we have already done, what we are doing now, and what we intend to do in the future. Lessons Learned On the 1st March 2024, medication communication and lessons learned session completed with all deputy managers, managers, and senior leaders of the organisation. Criteria covered and addressed: • Emergency admissions • No labels on medication • Parents stipulating what agreed dosages are. • Specialist prescribers (such as neurologists) • GP prescriptions that differ to specialist prescribers • Triangulation in these circumstances. • Run through the reviewed managers monthly medication audit to ensure expectations are clear. The session was an opportunity to review the effectiveness of Godfrey Care medication procedures, identify what works well and what needs improvement. Key findings and recommendations: • Weekly medication audits; to be conducted by a competent and trained person such as team leader, deputy manager or manager of a service. • Verbal medication changes during appointments; written confirmation to be received from the clinician making changes to medication, prior to Godfrey Care staff making any changes to medication. A new prescription to be ordered and received within 48 hours, 72 hours maximum. Reviewed Policies and Procedures The following actions will be implemented by 1st April 2024. 1. Local Medication policy implementation, in addition to the organisations external provider’s QCS medication policies and procedures (Quality Compliance Systems). 1.1 The local policy is clear in relation to receiving and checking in medication delivered from an alternative provision, other than a pharmacist, such as a family member or a previous care provider. We recognised the need to strengthen our procedure for checking in medication for a person transitioning from a family home or another care provider to Godfrey Care, where medication is not delivered straight from a pharmacist. 9.1 “Receiving and checking in Medication delivered from an alternative provision, such as family member or previous care provider. All medication to be checked in, check the medication against the MAR sheet given if supplied and document on the back of the MAR the date, the individual medication name and dosage, quantity received and sign. If the person has moved in with no MAR sheet, (see section 6, transcribing) medication prescribed (transcribed from medication labels), dosage, quantity received, to be handwritten on a new MAR sheet with the details of the person clearly documented at the top, date of birth and any known allergies etc. and signed by two medication competent staff. If a label has been altered in any way or is illegible or has been removed, the pharmacy responsible for dispensing the medication should be contacted and new prescribed medication labels to be requested. If there are further issues with the prescription labels, then an appropriate health professional must be contacted immediately, and their advice sought before the medication is administered. Medication prescribed dosages must be received in writing by a prescribing clinician prior to administration of medication (see section 18, remote prescription, or direction to administer). Any medication dosages missed, must be reported to an appropriate health professional for their advice, and a safeguarding referral made.” 1.2 The local policy is clear in relation to remote medication prescription or direction to administer made by a GP or other clinician. We recognised the importance of triangulation where multiple prescribers are involved with a person we support. “18. Remote prescription or direction to administer. At times medication changes mid cycle may be agreed with a GP or other clinician such as neurologist, psychiatrist, or dentist. A verbal order to change medication is not acceptable on its own. The fax or email prescription or direction to administer must be stapled to the service user’s existing MAR. This should be followed up by a new prescription within normally 48 hours (72 hours maximum – bank holidays and weekends). In any event, the changes must have been authorised (via text, email, or fax) by a registered prescriber before the new dosage is administered. Triangulation: where it is a clinician’s responsibility to send the update of changes to a GP surgery, to enable them to update the prescription, this should be followed up with the surgery to ensure the appropriate changes are made and a new prescription ordered. Suitably trained persons should note that remote prescribing cannot be undertaken in a care service because they do not have access to a stock of medicines.” 2 The Weekly Medication Audit and Monthly Managers Medication Audit already include a check for legible labels, and have been reviewed to include the following prompt to check: “Any prescribed medication changes mid cycle has been agreed with GP or other clinician such as neurologist, psychiatrist, or dentist. Written confirmation has been received as evidence to make the changes, and a new prescription with new dosage received withing 48 hours, 72 hours maximum?” 3 The Staff Medication Competency Assessment has been reviewed and now includes the following questions. “Can the colleague explain the appropriate steps they would take to clarify unclear or illegible directions? Can the colleague explain the steps they would take if the MAR instructions differed to the instructions on the label of the medicine? Can the colleague explain the protocol for verbal changes to medication following an appointment?”
Executive Suite
Trust Headquarters
Springfield
City General Site
Newcastle Road
Stoke on Trent
ST4 6QG
9 April 2024
STRICTLY PRIVATE & CONFIDENTIAL
Mr Daniel Howe
H M Assistant Coroner
Stoke on Trent and North Staffordshire
Dear Mr Howe
Joshua BURGESS
Further to your letter 13 February 2024, I am pleased to provide a response under paragraph 7 of Schedule
5 of the Coroners and Justice Act 2009 and Regulations 28 and 29 of the coroner’s (Investigations)
Regulations 2013, addressing your concerns surrounding the death of Joshua Burgess.
This response is provided on behalf of Brooke Medical Centre and the University Hospitals of North
Midlands NHS Trust.
Recorded Circumstances of the Death
Joshua Burgess was a 27 year old male who had severe acquired brain injuries, communication difficulties,
impaired executive functioning and severe learning difficulties. He developed epilepsy from the age of 6
years and had a diagnosis of Lennox-Gestaut syndrome for which he was under the care of the Department
of Neurology at Royal Stoke University Hospital. In 2019 the Department of Neurology commenced Mr
Burgess on 2.5ml twice daily Brivaracetam to control his seizure activity. The dosage was increased to 10ml
twice a day in 2020 and responsibility for prescribing the medication was transferred to Mr Burgess’ General
Practitioner at the Brook Medical Centre, Bradeley, Stoke-on-Trent. The reason for the change in prescriber
was for the sake of convenience as the GP were the prescriber for other medications.
Although the Brook Medical Centre were responsible for prescribing Brivaracetam there were no
consultations between the surgery and Mr Burgess or his mother regarding the management of his seizures
or a review of medication, these continued to be undertaken by the Department of Neurology at the Royal
Stoke University Hospital.
In July 2020 the Consultant Neurologist agreed with Mr Burgess’ mother that the dosage of Brivaracetam
should be reduced by 2ml every 2 weeks and to be reviewed in 4 months. A letter was sent from the
Department of Neurology at Royal Stoke University Hospital to the Brook Medical Centre advising of this
planned reduction. No amendment to the prescription was requested and no changes were made following
the letter. The prescription remained as Brivaracetam 10ml twice daily.
In November 2020 a letter was sent from the Department of Neurology at Royal Stoke University Hospital
to the Brook Medical Centre advising that the dose of Brivaracetam had been reduced to 3ml twice daily
but then back up to 5ml twice daily. No amendment to the prescription was requested and no changes were
made following the letter.
In January 2021 a letter was sent from the Department of Neurology to the Brook Medical Centre advising
that the dose of Brivaracetam was at 4ml twice daily and the deceased’s seizures were “relatively stable”.
No amendment to the prescription was requested and no changes were made following the letter. The
prescription remained as Brivaracetam 10ml twice daily.
On 22 July 2022 Mr. Burgess was moved out of his parent’s care by Stoke-on-Trent social services into a
supportive living placement in Leicestershire run by Godfrey Care. This was undertaken on an emergency
basis. When Mr. Burgess arrived at the placement it was reported by staff that the medication bottles were
unlabeled and so could not be given to Mr Burgess until confirmation of the prescription was received in
writing by the prescriber. The evidence at inquest was that this was a Care Quality Commission
requirement.
The deceased did not receive any Brivaracetam between 22 July 2022 and 26 July 2022.
On 25 July 2022 a “Best Interests Meeting” was undertaken involving Mr Burgess’ mother, Godfrey care
and social services during which the Mr Burgess’ mother advised that the correct dosage of Brivaracetam
was 4ml twice daily and not 10ml twice daily. The same information was provided by the Department of
Neurology to Godfrey Care however the medication was not provided as the information regarding the
correct dose had not been provided by the prescriber.
On 26 July 2022 the deceased was given Brivaracetam 10ml twice daily. The evidence at inquest was that
this was likely due to a manager from Godfrey Care being given the prescription details during a call to the
111 service.
On 27 July 2022 a letter was sent from the Department of Neurology to the Brook Medical Centre explaining
that Mr Burgess had been moved to a care organisation on an urgent basis and there was confusion over
what medication he should be taking. A request was made to forward a list of his medication but also
included information from his last review within the Department of Neurology that Brivaracetam at 4ml twice
daily was the appropriate dose.
On 28 July 2022 the Brook Medical Centre sent a list of prescribed medication to Godfrey Care. As there
had been no changes to prescription since July 2020 the recorded prescribed dose of Brivaracetam was
10ml twice daily although the dose that he has been given during the preceding 2 years was 4ml twice daily.
Mr Burgess continued to receive Brivaracetam at dose of 10ml twice daily until 5 September 2022 when he
was seen in a clinic at Department of Neurology at Leicester Glenfield Hospital and established that there
had been a sudden increase in the Brivaracetam dose from 4ml twice daily to 10ml twice daily. The plan
was for the medication to be reduced to 9ml twice daily and then to continue to reduce by 1ml twice daily
at weekly intervals until he was back to the “well tolerated” dose of 4ml twice daily.
Prior to 22 July 2022 whilst being given Brivaracetam at 4ml twice daily Mr Burgess experienced 5-6
seizures per week. Following the cessation of medication between 22-26 July 2022 and the increase in
Brivaracetam to 10ml twice daily he was experiencing about 5 seizures per day and of longer duration.
The medication was reduced as per the instruction from Department of Neurology at Leicester Glenfield
Hospital. On 23 September 2022 Mr Burgess was taken back into care of his mother. Although there had
been a hospital attendance on the 15 November 2022 the seizures had stabilised to a similar frequency as
before the sudden interruption and increase in medication.
On 19 November 2022 Mr Burgess was sadly found unresponsive at his home address with death being
verified by a paramedic. He had passed away after vomiting and aspirating during an epileptic seizure.
Concerns
During the course of the inquest, you felt that evidence revealed matters giving rise for concern. In your
opinion, matters for concern are as follows:
1. The Neurology department of the Royal Stoke University Hospital operated a system whereby it did
not instruct the prescribing GP to amend the prescription of Brivaracetam when changes to dosage
had been agreed with Mr Burgess’ mother. The evidence from the Consultant Neurologist was that
an assumption was made that when changes to medication had been discussed and agreed that
Mr Burgess’ mother would attend the GP surgery to discuss the changes in medication. The same
witness gave evidence that it was assumed a pharmacist within the GP surgery would read the
correspondence from the neurology department and make the necessary changes to prescriptions
without express instructions to do so.
2. The ‘workflow’ within the Brook Medical Centre was such that letters sent from the Neurology
Department discussing changes in medication (albeit not containing a request to amend the
prescription) were processed by support staff and not referred to a clinician to consider and so no
changes were made to the prescription.
3. The letter of 27 July 2022 from the Neurology Department to Brook Medical Centre seeking
clarification as to the correct dosage of Brivaracetam was processed by support staff and a summary
medication sent without referral to a clinician.
4. Godfrey Care were informed by Mr Burgess’ mother and the Neurology Department of Royal Stoke
University Hospital that the appropriate dose of Brivaracetam was 4ml twice daily. Medication was
withheld between 22-26 July 2022 due to the information not being in writing from the prescriber,
however the evidence at inquest was that 10ml twice daily was commenced on 26 July following a
call to the 111 service.
You reported this matter under Paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and
Regulations 28 and 29 of the coroners (Investigations) Regulations 2013.
In your opinion, action should be taken to prevent future deaths.
Action Taken
The University Hospitals of North Midlands NHS Trust has taken the issues highlighted during the inquest
seriously and indeed, I am grateful that you have raised your concerns.
We have taken this opportunity to work together with our partners in primary care and have consulted with
colleagues from the wider the Integrated Care System (ICS).
1. The Trust’s outpatient clinic letter standards describe the structure of clinic letters based on standard
headings. You will recall that
(GP) gave evidence at the inquest to the effect that there were
areas in the acute Trust setting which already provided discharge information which he considered
to be of a ‘gold standard.’ The Trust is committed to working towards improving compliance with
these standards. To support this, we are working towards creation of a standardised template in
our ‘Medisec’ system (system where letters are created). This will include a section for changes to
medications and clear actions for those in the primary care setting, for example, instructions for the
prescribing GP to amend prescriptions.
2. We have discussed the above process with nominated individuals from the ICS. Due to the
timeframes that would be required for the creation of standardised template for clinic letters within
the ‘Medisec’ system across the Trust, we are reiterating the Trust standards and
has
agreed, with immediate effect, that all clinic letters received from neurology will be reviewed by a
GP at Brook Medical Centre. This has been implemented due to the acknowledgement that
neurological conditions are often complex, and it is more likely that they will require frequent
medication changes, titration and/or closer monitoring.
3. This concern will also be addressed by the interim solution implemented by Brook Medical Centre,
in that all correspondence from the neurology department will be reviewed and triaged by a GP.
4. Whilst this concern is not directly addressed to the acute Trust (UHNM) or Brook medical Centre, it
has been considered as part of the wider learning following Joshua’s death. Medications for epilepsy
is considered across the healthcare economy to be ‘critical’. The National Patient Safety Agency
(2010) defined critical medicines as ‘medicines which can result in patient death or serious harm if
there are delays in their administration’. Whist the Coroner found that the delay in administering
medications on this occasion did not contribute to Joshua’s death, we believe that further education
within the care home setting is required. With this in mind, we will work together with the local
authority to ensure that up to date communications are shared across the Stoke on Trent and North
Staffordshire health and social care economy to reiterate this message. Whilst this has not yet been
implemented, it will be taken forward by end of May 2024.
Whilst some changes have been implemented with immediate effect, other planned changes may take
longer. However, we are committed to ensuring that correspondence between service providers is provided
in an accurate and consistent manner.
We do hope that the above information provides assurance that the Trust and Brook Medical Centre have
taken the concerns raised at the inquest seriously and that we are working together to ensure that
communication of medication changes is clear and unambiguous between partners across the Staffordshire
and Stoke on Trent health economy.
Should you wish to discuss any aspect of this report further, please do not hesitate to contact us directly.
Yours sincerely
CHIEF EXECUTIVE
BROOK MEDICAL CENTRE
(electronically approved)
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