Prevention of Future Deaths reports · 2024

James Pearson

Regulation 28 report to prevent future deaths, reference 2024-0266, written 14 May 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report14 May 2024
Reference2024-0266
DeceasedJames Pearson
CoronerRebecca Ollivere
Coroner areaBirmingham and Solihull
CategoryRoad (Highways Safety) related deaths · Child Death (from 2015)
Sourcejudiciary.uk record · original PDF
Responses publishednone published

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

10 July 2024 

FAO Assistant Coroner Rebecca Ollivere for Birmingham and Solihull 

By way of email only: 

Dear Ms Ollivere 

Inquest touching the death of James Patrick Pearson 
Response to Regulation 28 Report to prevent future deaths. 

I  am  writing  in response  to the  Regulation  28  notice issued following  the  conclusion  of the 
inquest on 2 May 2024, into the death of Mr Pearson on 22 October 2023 at St Catherine’s 
Hospice, Preston. 

We have carefully considered the concerns raised within your report to prevent future deaths 
and our response is set out below. 

Unfortunately, the report presented at inquest mistakenly stated the unit was a Major Trauma 
Centre, which it is not and should have advised it is a Trauma Unit.  I would like to apologise 
for this error in terminology and assure you the report has been revised to clarify this point.    

Lack of documented observations 
During the Inquest you heard evidence that whilst Mr Pearson was attached to a monitor which 
was taking his observations every 15 minutes, these were not being documented and you are 
concerned that the lack of documented observations could result in a failure in identifying a 
deteriorating patient. 

The Trust adheres to RCEM standards for observations, which are as follows: 

“STANDARD 1: Patients triaged to the majors or resuscitation areas of the ED should have 
the  following  measured  and  recorded  in  the  notes  within  15  minutes  of  arrival  or  triage, 
whichever is the earliest:  

respiratory rate 
• 
•  oxygen saturation 
•  pulse 
•  blood pressure. 
•  GCS or AVPU score 
• 

temperature  

STANDARD 2: Patients with abnormal vital signs should have their vital signs repeated and 
recorded in the notes every 60 mins from first set of observations. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 STANDARD 3: There should be explicit evidence in the ED record that the clinician recognised 
the abnormal vital signs (if present). 

STANDARD  4:  There  should  be  documented  evidence  that  the  abnormal  vital  signs  (if 
present) were acted upon in all cases”. 

Whilst observations are not documented every 15 minutes, they are monitored and any trigger 
Ill  Adult  NEWS2  Procedure 
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Score devised to standardise the assessment and response to acute illness or deterioration.)                                 

according 

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to 

Following  an  alert,  there  are  periods  of  time  when  a  patient  may  be  undergoing  imaging 
outside  of  the  Emergency  Department;  these  observations  will  still  be  monitored  but  not 
recorded via PICS, which is relevant to this case.  

During an alert when there is ongoing dynamic assessment and resuscitation, staff are not 
expected to document contemporaneously but do document an account of observations and 
actions taken as per RCEM and Trust standards. It should be noted that PICS does not permit 
the retrospective entry of observations on the chart.   

The standards set out above and expected documentation has been reiterated at Emergency 
Department huddles to ensure that recording within noting is robust and will be audited as part 
of the action plan following this Serious Incident Investigation t provide assurance that these 
standards are being adhered to.  

Medical resourcing of the Trauma Unit/ED 

We regularly review our workforce numbers in conjunction with best practice guidance and 
benchmarking. We have participated in the RCEM England census to benchmark our doctors’ 
numbers,  we  have also utilised  NHSE  tools  to  review  our rota  patterns against  attendance 
numbers with the aim of achieving resilience to the 75th centile of attendances. 

We have reviewed the rotas for both 13 June 2023 and 14 June 2023.  

Mr Pearson arrived in ED in the period covered by the night shift rota for 13 June 2023. We 
use RCEM recommendations on tiers to produce our standardised rota patterns for Heartlands 
Hospital, which  as stated above is a Trauma Unit.                                                                                                            

Our standard ED night staffing at BHH is for: 

•  For an ED (non-MTC) with >100,000 attendances a year, one consultant overnight on 
call, and one senior decision-maker (does not have to be a consultant) in the EPIC role 
is recommended for a night shift (RCEM 2019).  

•  1 tier 4 doctor (highlighted in orange on the rota as a standard clear indicator of doctor 

in charge) 

•  3 additional tier 3 or tier 4 doctors.  
•  4 Tier 2 doctors 
•  1 Emergency nurse practitioner (ENP) for minor injury only 

On  the  night  in  question,  we  have  observed  that  the  minimum  staffing  was  met,  with  an 
additional tier 2 doctor and an additional ENP. 

 
 
 
 
 
 
                                                                                                                                                                                                                                                           
 
 
 To  ensure  we  continue  to  meet  minimum  staffing  levels  in  the  ED  there  is  a  twice  weekly 
forward  look  meeting  with  the  rota  team  to  confirm  minimum  numbers  are  met,  and  to  be 
aware of where there are dips in cover and these undergo a process of escalation via the ED 
general  manager  in  order  to  consider  all  mitigation  options  including  agency  use,  locum, 
support from other specialty teams at middle grade level as examples.  

The rota team consists of the following:  

•  1 ED rota manager lead 
•  3 additional ED rota team admin support assistants 
•  1 consultant lead for Junior Doctors’ rota 

Whilst  we  are  satisfied  that  our  current  model  provides  resilient  staffing  to  the  mean 
attendance profile and that our processes enable resilience of staffing with clear escalations 
where  minimum  staffing  is  predicted  to  not  be  achieved,  we  are  currently  reviewing  the 
demand and capacity for the unit.  This is to ensure our staffing is modelled correctly to ensure 
the  baseline  for  the  substantive  workforce  is  correct.      Although  we meet  RCEM  criteria  in 
terms of staffing on duty, to meet this we  utilise a number of bank staff.  The demand and 
capacity modelling will ensure the unit has identified what the substantive workforce should 
look like, to provide additional resilience.  This work will be completed by August 2024.   

Availability of blood products within the emergency department 
You  heard  evidence  that  it  can  take  up  to  20  minutes  to  obtain  blood  products  within  the 
emergency  department following  activation  of the major  haemorrhage protocol.   Whilst this 
delay  was  unlikely  to  have  affected  the  outcome  for  Mr  Pearson,  you  are  concerned  that 
delays in blood products being available could result in future deaths. 

The recommendation to consider a blood fridge in BHH ED has been discussed in the Hospital 
Transfusion team.  There are significant consequences to putting a fridge in the ED at BHH, 
not least that group O blood (which is what would need to be in the fridge if it is being used to 
support  immediate  transfusion)  is  in  short  supply  nationally  and  needs  to  be  used  only  for 
those patients that require it. This includes not stocking it in locations where it is unlikely to be 
used, which includes EDs (such as Heartlands) which are not in Major Trauma Centres.  

Whilst the report to the coroner identifies that the delay was in requesting blood/activating the 
Major Haemorrhage Protocol (MHP), once this was done the blood arrived quickly. The blood 
arrived within 15 minutes which is the time stipulated by our Trust procedures and recognised 
to be acceptable against national norms.  

A  review  of  all  incidents  involving  activation  of  the  MHP  within  Heartlands  Emergency 
Department since Mr Pearson’s death has been undertaken.  This did not demonstrate any 
incidents  regarding  delays  in  receipt  of  blood  once  the  MHP  was  activated.  A  full  audit  is 
underway  by  the  Hospital  Transfusion  Group  to  review  overall  compliance  to  the  Major 
Haemorrhage Blood Protocol across all UHB sites, the outcome of this will be reported to the 
Trust Transfusion Committee.  

 
 
 
 
 
 I would like to assure you that the concerns raised within the Regulation 28 Report have been 
taken extremely seriously, which I hope is demonstrated in the steps that have been taken 
following Mr Pearson’s death.   

Yours sincerely 

Chief Executive
Also filed under 2024-0266: James-Pearson-Prevention-of-future-deaths-report-2024-0266_Published.pdf
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:   

University Hospitals Birmingham NHS Foundation Trust 

CORONER 

 I am Rebecca Ollivere, Assistant Coroner, for Birmingham and Solihull 

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. 

INVESTIGATION and INQUEST 

 On 9 November 2023 I commenced an investigation into the death of James Patrick PEARSON. 
The investigation concluded at the end of the inquest. The conclusion of the inquest was; Died as a 
result of complications of prolonged hospital admission, in combination with injuries sustained in a 
road traffic collision, and subsequent hypoxic brain injury, following cardiac arrest. 

1 

2 

3 

  
  
  
  
  
  
  
 CIRCUMSTANCES OF THE DEATH  

  On 14th June 2023, James Pearson was hit by a vehicle on A4540 Birmingham. He was 
assessed at the scene and his injuries did not appear to be serious. He was taken to Birmingham 
Heartlands Hospital where a CT scan showed an axonal brain injury, small bleed to the brain, and 
severe pelvic injuries with suspicion of an active bleed. Observations taken at 03.16 indicated that 
he was maintaining his blood pressure and the Consultant at the time did not feel he was actively 
bleeding. James went into peri-arrest, and subsequently suffered a cardiac arrest. After 12 minutes 
of CPR, a return of spontaneous circulation was achieved, however, James had suffered hypoxic 
brain injury as a result of the cardiac arrest. This, alongside the traumatic brain injury sustained in 
the road traffic collision resulted in a prolonged stay in hospital for James, who continued to 
decline, and developed hospital acquired pneumonia. He was transferred to St Catherine's 
Hospice in Preston on 12th October 2023 for end of life care, and he passed away there on 22nd 
October 2023. Whilst at Birmingham Heartlands Hospital an opportunity to provide fluids to James 
was missed, which, on the balance of probabilities would have prevented his cardiac arrest and 
subsequent hypoxic brain injury. 

 Following a post mortem, the medical cause of death was determined to be: 

4 

 1a   Pneumonia 

 1b   Diffuse axonal injury and hypoxic brain injury 

 1c   Road traffic collision 

 II    Malnutrition 

 5 

CORONER’S CONCERNS 

 During the course of the inquest the evidence revealed matters giving rise to concern. In my 
opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is 
my statutory duty to report to you. 

 The MATTERS OF CONCERN are as follows.  – 

1.  Having had a CT scan at Birmingham Heartlands Hospital on 14th June 2023, James 

Pearson was diagnosed with severe pelvic injuries, and the Radiologist reported findings 
which were consistent with an active pelvic bleed.  

2.  At 03.16, observations were taken, and the Doctor was satisfied that James was 

maintaining his blood pressure and therefore was not actively bleeding at that time. 
3.  During the inquest, I heard that James was attached to a monitor, which was taking his 

observations every 15 minutes. None of these observations, however, were documented. 
This is of concern, as it is not possible to know at what point James began to decline. I am 
concerned that lack of proper documented observations could lead to future deaths, as staff 
will not be able to follow the observation pattern and notice a decline in presentation. 
4.  At 04.20am, James became more agitated and nurses noted a drop in consciousness. At 
this point the Major Haemorrhage Protocol was activated at 04.23am, as there was now a 
suspicion of ongoing bleeding. 

5.  Whilst waiting for his blood products, James suffered a cardiac arrest at 04.25am  
6. 

 told me in evidence that during the time since his last review by a Doctor at 

03.16am, and his cardiac arrest at 04.25am, James was not seen by a Doctor, and only 
Nurses were available in the department. The only Doctor on shift at that time was dealing 
with another very unwell patient, who also required resuscitation. 

7. 

 told me that at the point in time the deterioration in James was noted, sometime 

between 04.00-04.20am, James should have received fluids, and in his opinion, if he had 
done so, on the balance of probabilities, he would not have had a cardiac arrest. He added 
that this was beyond what he would expect a nurse to adduce, however, if the Doctor had 
been present, he believed this would have been done.  

8.  I am therefore concerned that there were not enough Doctors in the department at the time, 

meaning that there is no resilience to deal effectively with more than one very unwell 
patient at any given time. If this is not addressed, there is a risk of future deaths. 

9.  I further heard from 

 that the blood products at Birmingham Heartlands Hospital 
are not kept in the ED, and are kept some distance away, and could take up to 20 minutes 
to obtain after the major haemorrhage protocol is activated. Whilst this is unlikely to have 
affected the outcome for James, due to his sudden deterioration, I am concerned that a 
delay in obtaining blood products could lead to future deaths.  

ACTION SHOULD BE TAKEN 

6 

 In my opinion action should be taken to prevent future deaths and I believe you have the power to 
take such action. 

 
  
 YOUR RESPONSE 

 You are under a duty to respond to this report within 56 days of the date of this report, namely by 
9th July 2024. I, the coroner, may extend the period. 

7 

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.  

COPIES and PUBLICATION 

 I have sent a copy of my report to the Chief Coroner and to the following Interested Persons:- 

, James’ mother 

I have also sent it to the Medical Examiner, ICS, NHS England, CQC, who may find it useful or of 

8 

interest. 

 I am also under a duty to send the Chief Coroner a copy of your response. 

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. 

 14 May 2024  

9 

Signature: 

Rebecca Ollivere 

Assistant Coroner for Birmingham and Solihull

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