Prevention of Future Deaths reports · 2024

Michael Burke

Regulation 28 report to prevent future deaths, reference 2024-0302, written 5 Apr 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report5 Apr 2024
Reference2024-0302
DeceasedMichael Burke
CoronerDarren Stewart
Coroner areaSuffolk
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

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 

Trust 

1  CORONER 

 – Chief Executive of East Suffolk and North Essex NHS Foundation 

I am Darren STEWART OBE, HM Area Coroner for the coroner area of Suffolk 

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 15 February 2023 I commenced an investigation into the death of Michael John BURKE 
aged 75.  The investigation concluded at the end of the inquest on 15 February 2024.  The 
conclusion of the inquest was that: 

Narrative Conclusion - Michael John BURKE died due to advanced lung disease with a 
fractured neck of femur sustained due to a fall on 30th January 2023 having made a 
material contribution. 

The medical cause of death was confirmed as: 

1a  Hospital Acquired Pneumonia,, Acute Pulmonary Oedema 
1b  Acute Heart Failure, Cardiomegaly 
1c  Ischaemic Heart Disease, Chronic Obstructive Pulmonary Disease 

4  CIRCUMSTANCES OF THE DEATH 

Michael John BURKE was described by his family as a kind, loving, strong minded, dignified, 
intelligent man whose personality filled a room and who was a dedicated father and 
husband.  Mr. Burke was diagnosed with asthma in 1969 for which he received treatment 
including steroid medication.  This condition progressively worsened and he was diagnosed 
with Chronic Obstructive Pulmonary Disease (COPD) in 2008.  Despite the significant 
impact this condition had on Mr. Burke’s wellbeing, particularly in his later years, he sought 
to maintain an active life to the fullest extent possible and was otherwise healthy. 

Mr. Burke’s COPD had worsened significantly towards the end of his life with an assessment 
in 2016 determining that he was suffering from advanced lung disease with only 16% use 
of his lungs.  On the 30th December 2022 Mr. Burke was admitted to hospital with a 
suspected chest infection.  Subsequent assessment determined that he was suffering from 
Community Acquired Pneumonia and an osteoporotic fracture of his vertebrae.  He received 
treatment for his infection and conservative treatment for the fracture.  His recovery was 
slow, however by 25th January 2023, Mr. Burke was medically fit for discharge; he had 
recovered from his pneumonia and was suitable to be stepped down for assessment as to 
care and rehabilitation needs in the community. 

He was discharged to a care home on 25th January 2023 for further assessment.  The 
following evening, 26th January 2023, Mr. Burke was found collapsed on the lavatory floor 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021 

 by staff.  Although not suffering a traumatic injury, Mr. Burke’s oxygen saturation levels 
were dangerously low and ambulance were called who transported Mr. Burke to hospital. 

On admission Mr. Burke was diagnosed with suffering from a chest infection and delirium 
caused by both his infection and the effect of the pain medication he was receiving.  On 
30th January 2023 Mr Burke suffered a fall on the ward whilst trying to get up out of his 
bed.  Limited and inadequate measures had been put in place to mitigate his falls risk and 
no falls assessment had been undertaken.  Mr. Burke was assessed and diagnosed as 
having suffered a fractured neck of femur.  Surgery to address the fracture was delayed 
due to Mr. Burke’s general condition and very high risk of mortality from surgery.  Mr. 
Burke’s condition continued to deteriorate and by the morning of 2nd February 2023 he 
was assessed as being at the end of life.  Michael John BURKE died on the 2nd February 
2023. 

5  CORONER’S CONCERNS 

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) 

The Court heard evidence that risk assessments were to be carried out regularly on patients 
in relation to their falls risk.  This is particularly important in circumstances where a patient 
was being transferred between wards/units within the hospital and where the risk to the 
patient may change due to the change in environment.  Mr. BURKE was such a risk from 
falling whilst on the ward and therefore arrangements were required to be put in place to 
manage this risk, informed by a risk assessment.  He had been admitted to Ipswich 
Hospital on 26th January 2023 following an unwitnessed fall at rehabilitation centre where 
he had been discharged to from Ipswich Hospital the previous day; 25th January 2023. 

Mr. BURKE was moved to a new ward on the 30th January 2023 following his admission, 
assessment and initial treatment.  He was not risk assessed when transferred to the ward 
and the outstanding task to carry out the risk assessment had not been completed by the 
end of the shift during which he had been transferred onto the ward.  This requirement was 
not handed over to the on-coming shift and a falls risk assessment had not been completed 
at the time Mr. BURKE sustained a fall on the ward. 

I am concerned that Ipswich Hospital has inadequate arrangements in place to both 
highlight circumstances where the requirement for risk assessments have not been 
completed and in the arrangements for the handover of tasks (particularly falls 
assessments) between shifts. 

I am further concerned that the failure to have adequate arrangements in place to address 
this raises a risk of future deaths which I am under a duty to bring to your attention. 

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 May 31, 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 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021 

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

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. 

9  Dated: 05/04/2024 

Darren STEWART OBE 
HM Area Coroner for 
Suffolk 

Regulation 28 – After Inquest 
Document Template Updated 30/07/2021

Responses

1 response 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.

Response from East Suffolk and North Essex NHS Foundation Trust (PDF)
Mr Darren Stewart OBE 
Area Coroner for Suffolk 
Suffolk Coroner’s Court 
Beacon House 
Whitehouse Road 
Ipswich 
IP1 5PB 

Dear Mr Stewart 

The Ipswich Hospital 
Heath Road 
Ipswich 
Suffolk 
IP4 5PD 

28 May 2024 

REGULATION 28 REPORT TO PREVENT DEATHS – INQUEST TOUCHING UPON THE DEATH OF 
MICHAEL JOHN BURKE WHICH CONLUDED ON 15 FEBRUARY 2024 

I write in connection with the above mentioned Inquest and the Regulation 28 Report to Prevent 
Deaths issued by yourself on 5 April 2024. 

I would like to take this opportunity to extend my condolences to Mr Burke’s family for their loss. 

The Regulation 28 Report to Prevent Deaths issued by yourself on 5 April 2024 highlighted concerns 
that Ipswich Hospital had inadequate arrangements in place to both highlight circumstances where 
the  requirement  for  risk  assessments  have  not  been  completed  and  the  arrangements  for  the 
handover of tasks (particularly falls assessments) between shifts. 

The information presented below is intended to describe the actions which have been taken/are 
being taken East Suffolk and North Essex NHS Foundation Trust to mitigate the risk of future deaths 
and address the concerns you have raised. 

Completing falls risk assessments on admission/transfer to ward 

East Suffolk and North Essex NHS Foundation Trust is committed to reducing the number of patient 
falls; minimising harm from falls that occur, whilst providing an enabling environment and effective 
rehabilitation.  

Nationally there is no guidance on timeframes for carrying out falls assessments on admission/transfer 
to a ward but  East  Suffolk and  North Essex NHS Foundation Trust  recognise  that a patient is most 
vulnerable to fall within the first 12 hours of presentation/admission. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 For  this  reason  East  Suffolk  and  North  Essex  NHS  Foundation  Trust  sets  a  6  hour  assessment 
timeframe, from admission to hospital or change of ward, for the assessment to be carried out, to 
make patients as safe as can be.  

As part of the ongoing review process of our policies, the Trust has reviewed and updated their Falls 
Prevention Policy, which provides staff with guidance on the need to complete a moving and handling 
assessment and Falls Prevention Integrated Care Pathway  within 6 hours of a decision to admit or 
transfer wards. This policy will be signed off at the Patient Safety Group on 18 June 2024. 

Staff are trained on fall prevention as part of their induction training, Band 2 and upwards, as well as 
receiving continued training as highlighted below. The Falls Prevention policy is located on the Intranet 
and can be accessed by all staff.  

The Trust has also carried out a review of the Integrated Patient Record, which forms an appendix to 
the Falls Prevention Policy,  has been  amended and now  includes an  updated Falls risk assessment 
proforma, which highlights the need for the assessment to be completed within the 6 hour time period 
of admission/change of ward.  

The standard position is therefore that each patient admitted to the hospital or changing ward will 
have  a  moving  and  handling  assessment  and  Falls  Prevention  Integrated  Care  Pathway  completed 
within 6 hours of a decision to admit or transfer wards. 

Handover of tasks during change of shift 

On a daily basis there are 2 staff handovers, one when the daytime shift come on to the ward in the 
morning and one when the night time shift come on to the ward in the evening. 

During the staff handover, the outgoing shift brief the incoming shift with information of the patients 
on the ward. This handover includes actions that need to be carried out. These actions are recorded 
on the staff handover sheet for the oncoming shift to action. 

This  would  include  circumstances  were  a  moving  and  handling  assessment  and  Falls  Prevention 
Integrated  Care  Pathway still  needed  to  be  completed  for  a  patient  who  has been  admitted  to  or 
transferred to the ward. This action would be recorded on the handover sheet and then picked up by 
the oncoming shift members and completed. 

The wards also use whiteboards to records actions that are required for patients and will ticked these 
off once they have been actioned. 

Audit of paperwork 

As part of the Trust’s accountability framework, patient notes are audited frequently to ensure that 
they are being completed correctly and to identify any issues with compliance in completing notes. 

The Ward Manager carries out a weekly check of documentation and records on the online proforma 
the results of the check. This weekly check includes a review of the moving and handling assessment 
and Falls Prevention Integrated Care Pathway.  

In addition the Matrons also carry out a monthly quality audit which is also completed using an online 
proforma. This monthly quality audit also includes a review of the falls documentation. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 The Trust have implemented a Care Gap Analysis and After Action Review process for falls. The Care 
Gap Analysis will generate themes and trends with falls to help support change.  

These audits and reviews enable the Trust to highlight any areas of learning and training that may 
arise.  Compliance  with  completing  the  moving  and  handling  assessment  and  the  Falls  Prevention 
Integrated Care Pathway for the final quarter of the 2023/2024 financial year was 94.08%. 

Electronic Patient Records 

The Trust has recently signed a contract to transition their patient records system to an electronic 
system, meaning that by 2025, all ESNEFT patient record keeping will be done electronically. 

This will have the benefit of being more user friendly and provide greater compliance with completing 
documents, as the system is able to be programmed to ensure areas of information are documented 
before being able to proceed through the system. 

It is also possible to set alerts that are triggered by timeframes  to ensure  staff are notified of any 
immediate actions that need to be carried out. 

I hope the above information demonstrates the processes that are in place to ensure documentation 
is being completed in the appropriate manner and handed over to the oncoming shift. Through the 
various audits set out above the Trust review documentation and are able to highlight any areas of 
concern and address any areas of learning or training that need to be covered. 

If I can be of further assistance, please do not hesitate to contact me. 

Yours sincerely 

Chief Executive Officer 
East Suffolk & North Essex NHS Foundation Trust

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