Prevention of Future Deaths reports · 2024

Antony Waring

Regulation 28 report to prevent future deaths, reference 2024-0399, written 17 May 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report17 May 2024
Reference2024-0399
DeceasedAntony Waring
CoronerJames Adeley
Coroner areaLancashire & Blackburn with Darwen
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.

Lancashire & Blackburn with Darwen
Coroners Dr James Adeley
Senior Coroner

Date: 17 May 2024

Our Ref: 

REGULATION 28 REPORT TO PREVENT FUTURE
DEATHS THIS REPORT IS BEING SENT TO:

East Lancashire Hospitals Trust

1.

Coroner

I am Dr James Adeley, Senior Coroner for the Coroner area of
Lancashire & Blackburn with Darwen.

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.

http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/para

graph/7

http://www.legislation.gov.uk/uksi/2013/1629/part/7/made

2.

INVESTIGATION and INQUEST

On 29 June 2020 I commenced an investigation into the death of
Antony Waring 70. The investigation concluded at the end of the inquest
. The conclusion of the inquest was:

Antony WARING died on 24 June 2020 at Royal Blackburn Hospital
following a highly inappropriate choice of urological surgical technique
for the insertion of the suprapubic catheter causing perforation to the
small bowel and resulting in a major laparotomy and admission to the
Intensive Therapy Unit. Subsequent necessary feeding via a
nasogastric tube in the oesophagus resulted in an aspiration
Coroner's Court, 2 Faraday Court, Faraday Drive, Fulwood, Preston, PR2 9NB
Tel: (01772) 536536 Fax: (01772) 530752

 pneumonia. Mr Waring's death was contributed to by neglect.

1a Aspiration pneumonia following inadequate placement of

nasogastric tube;

1b Laparotomy for small bowel perforation and bladder repair;

1c  Supra pubic catheter insertion.

II  Multiple Sclerosis

3.

Circumstances of the death

Antony  Waring  was  71  years  of  age  on  the  date  of  his  death  of  24
June  2020  at  Royal  Blackburn  Hospital  operated  by  East  Lancashire
Hospitals Trust.

In  2002  Antony  suffered 
from  Multiple  Sclerosis  Waring  had
undergone  a  cystoplasty  in  which  a  loop  of  small  bowel  was  brought
down  into  the  pelvis.  There  was  a  second  laparotomy  due  to
adhesions a week later.

On  20  March  2020  Antony  Waring  attended  an  Urology  outpatient
appointment for the insertion of a suprapubic catheter insertion, which
was necessary due to complications caused by an indwelling catheter.
For  the  insertion  of  a  suprapubic  catheter,  Consultant  1  described
Antony  Waring's  insertion  of  a  suprapubic  catheter  as  a  "difficult  and
risky"  procedure  due  to the previous surgery. As  a  result, to manage
this  risk,  Antony  Waring  was  listed  for  a  catheter  insertion  with
ultrasound guidance. The only guidance available in Europe and North
America concerning the insertion of suprapubic catheters published by
the  British  Association  of  Urological  Surgeons  guidance.  This  is  a
document  by  a  committee  that  is  subsequently  peer-reviewed  and
consulted upon before being published in a journal. There is no NICE
guidance  for  the  insertion  of  suprapubic  catheters.  The  2010  BAUS
guidance relevant at the time states as follows:

"In the patient with either a history of lower abdominal surgery or a
bladder  that  cannot  be  adequately  distended,  the  SPC  should
either  be  inserted  using an open  technique  or  with  the adjunct of
imaging that can reliably exclude the presence of bowel loops on
track.  An  open  procedure  must  be
the 
performed  in  a  manner  that  will  reliably  identify  the  bladder  and
allow  mobilisation  of  any  interposing  intestine  away  from  the
catheter track."

intended  catheter 

Consultant 1 informed Antony Waring that an open procedure was not
in his best interests. Consultant 1 made no request for Antony Waring

Coroner's Court, 2 Faraday Court, Faraday Drive, Fulwood, Preston, PR2 9NB
Tel: (01772) 536536 Fax: (01772) 530752

 to  be  allocated  to  a  urological  consultant  who  use  CT  scanning,  nor
made  any  arrangements  for  the  presence  of  an  interventional
radiologist  to  provide  ultrasound  guidance  and  allocated  Antony
Waring  to  a  Core  List  where  it  was  a  matter  of  chance  if  ultrasound
guidance  would  be  used.  The  Trust  has  at  least  two  consultant
urological surgeons who routinely use ultrasound.

On 12 June 2020 Antony Waring attended hospital for the insertion of
a suprapubic catheter. Consultant 2 was aware of consultant 1's views
that  ultrasound  guidance  was  necessary.  Consultant  2  made  no
attempt  to  manage  the  increased  risk  of  interposing  bowel  on  the
suprapubic  catheter  insertion  track  by  arranging  either  ultrasound  or
undertaking an open procedure. Consultant 2 inflated Antony Waring's
bladder and inserted the suprapubic catheter perforating two loops of
small  bowel  during  the  introduction.  Antony  Waring  was  admitted  to
intensive care unit with peritonitis and died 12 days later.

The  adequacy  of 
the  Trust's  Maintaining  Health  Professional
Standards  investigation  and  adequacy  of  the  consent  process  have
been dealt with by separate correspondence.

4.

Coroner's Concerns

The MATTERS OF CONCERN are as follows:

(1)  the Trust made no progress on the introduction of an SOP

recommended in the internal review for almost 4 years. A draft
SOP had been proposed in the weeks leading up to the inquest.
(2)  The expert evidence at the inquest was that the Trust's proposed
action plan using CT scanning at an unspecified time before a
suprapubic catheter insertion was sub optimal and inferior to
ultrasound as bowel may move between the date of the CT scan
and the catheter insertion;

(3)  in the four years since Antony Waring's death, the Trust has not

provided a single ultrasound teaching session provided by the
Trust to any consultant who is not capable of using ultrasound.
(4)  the allocation of high-risk patients to Core Lists where a specific
ancillary prophylactic measure such as ultrasound is left to either
chance or to an administrator;

(5)  The expert evidence at the inquest was that the research provided
on the risk of complications after insertion of a suprapubic catheter
into patients with lower abdominal surgery is inappropriate the
patient such as Antony Waring and provides false reassurance as
to the level of risk posed to these patients.

5.

Action should be taken

In my opinion action should be taken to prevent future deaths and I
Coroner's Court, 2 Faraday Court, Faraday Drive, Fulwood, Preston, PR2 9NB
Tel: (01772) 536536 Fax: (01772) 530752

 believe you have the power to take such action.

6.

Your response

You are under a duty to respond to this report within 56 days of the
date of this report, namely by 12 July 2024. I, the coroner, may
extend the period, but after the extensive inquest, he interval
between the inquest and the service of this Report and that you
have been on notice during this period, only with exceptional
reasons.

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.

7.

Copies and publication

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

1. Antony Waring's family

2. CQC

3. Relevant ICB

4. British Association of Urological Surgeons

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 other person who I
believe may find it useful or of interest.

Coroner's Court, 2 Faraday Court, Faraday Drive, Fulwood, Preston, PR2 9NB
Tel: (01772) 536536 Fax: (01772) 530752

 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.

Yours sincerely

Coroner's Court, 2 Faraday Court, Faraday Drive, Fulwood, Preston, PR2 9NB
Tel: (01772) 536536 Fax: (01772) 530752

 James Adeley

HM Senior Coroner

Lancashire & Blackburn with Darwen

Coroner's Court, 2 Faraday Court, Faraday Drive, Fulwood, Preston, PR2 9NB
Tel: (01772) 536536 Fax: (01772) 530752

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 Elht 2024 0399 (PDF)
Royal Blackburn Teaching Hospital     

Trust Headquarters 
     Haslingden Road 
     Blackburn 
BB2 3HH 

Enquiries to: 
Telephone No:   
Ext: 
Email 

12th July 2024 

Dr James Adeley 
HM Senior Coroner 
Lancashire and Blackburn with Darwen  

Sent via email only 

Dear Dr Adeley 

Regulation 28 Report – Response by East Lancashire Hospitals NHS Trust  
Inquest relating to the death of Antony Waring   

This letter comprises the formal response of East Lancashire Hospitals NHS Trust (“the Trust”) 
pursuant to section 7(2) to Schedule 5 of the Coroners and Justice Act 2009 and Regulation 29 
Coroners (Investigations) Regulations 2013, to the issues raised in the Regulation 28 Report to 
Prevent Future Deaths, dated 17 May 2024, made following the inquest into the death of Antony 
Waring, which concluded on 12 April 2024. 

I would like to start the response by offering our sincere condolences to Antony’s family for their 
loss. The Trust fully accepts the findings of HM Coroner and are truly sorry that Antony did not 
receive the treatment and care we would expect him to receive.  

The Prevention of Future Deaths report identifies a number of areas of concern, and I will 
address these in this response, with details of the actions we have undertaken and those that 
we plan to undertake in the near future, along with details of the improvements made to date. 

Matters of Concern 

(1)  The Trust made no progress on the introduction of an SOP recommended in the 
internal review for almost 4 years.  A draft SOP had been proposed in the weeks 
leading up to the inquest.   

Response 

I am pleased to confirm that the Trust’s SOP for ‘Minimising the risks of supra-pubic catheter 
insertion in complex cases of patients who have had previous abdominal or bladder surgery’ 
has now been approved and ratified following the inquest hearing.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The Trust would like to assure both HM Coroner and Antony’s family that the SOP has been 
embedded as an additional safety mechanism as a result of additional learning. Following the 
evidence heard at Mr Waring’s inquest the Trust has reflected on the guidance that was in place 
at the time and made the necessary changes to the clinical processes.  The Trust SOP does not 
replace the British Association of Urological Surgeons (“BAUS”) SPC (suprapubic catheter) 
2020 guidelines but is to be used in conjunction, with careful consideration of the individual 
patient on a case by case basis. 

The SOP is for all healthcare professionals involved in the assessment, planning and insertion 
of a suprapubic catheter in ‘non-routine’, complex cases where a patient has a previous history 
of bowel, bladder or abdominal laparoscopic surgery, and is in accordance with the BAUS 
suprapubic catheter practice guidelines. 

As an organisation we constantly strive to improve patient safety and I can confirm these 
changes have been confirmed by both the Urology and Radiology Departments. In order to 
ensure the SOP is fully embedded, an assurance process is now in place for monitoring and 
escalation, with regular audits being introduced and associated assurance reporting. 

The Clinical Director for Urology has confirmed that all clinical staff are aware of the new 
guidance and how it is implemented. This process will be audited annually by the Clinical 
Director and any deviation from policy will be escalated as part of the Trust’s incident reporting 
framework. I am advised that since Mr Waring’s inquest an SPC incident was raised and a 
Patient Safety Review undertaken, which confirmed that all appropriate steps were taken and 
the BAUS SPC 2020 guidelines followed. 

(2)  The expert evidence at the inquest was that the Trust's proposed action plan 

using CT scanning at an unspecified time before a suprapubic catheter insertion 
was sub optimal and inferior to ultrasound as bowel may move between the date 
of the CT scan and the catheter insertion. 

Response 

As indicated above at point (1), the Trust has reflected on the evidence presented at Mr 
Waring’s inquest and changes have been made to clinical processes in place with the 
introduction of the SOP for ‘Minimising the risks of supra-pubic catheter insertion in complex 
cases of patients who have had previous abdominal or bladder surgery’. 

With regards to the concern regarding ultrasound scanning I can confirm that under the new 
SOP complex SPC insertions are now listed as a scheduled joint procedure with a Consultant 
Urological Surgeon and Consultant Radiologist in the theatre suite at Royal Blackburn Hospital. 
This will ensure the availability and presence of a Consultant Radiologist (with expertise in 
ultrasound scanning) and the ultrasound scanner itself.  

These patients will be listed as ‘complex SPC catheter insertion’ and the procedure will be 
undertaken by the designated responsible Consultant Urologist who has seen and counselled 
the patient (rather than being placed on a core/pooled urology waiting list). 
The new process under the SOP is specifically applicable to those who are at higher risk of 
bowel injury during SPC insertion and include those:  

•  who have undergone previous lower abdominal surgery, bowel surgery (including 

laparoscopic surgery, where the bladder has been mobilized), bladder reconstruction 
procedure, complex open or laparoscopic pelvic/gynaecological surgery; 

•  with a lower abdominal scar where the nature of previous surgery is not known; and 

 
 
 
 
 
 
 
 
 
 
 
 
 •  where there is an inability to distend the bladder sufficiently. 

All routine, non-complex SPC insertions will continue to be undertaken in compliance with the 
British Association of Urological Surgeons (BAUS) guidelines for the insertion of SPC 2020.  

(3)  in the four years since Antony Waring's death, the Trust has not provided a single 
ultrasound teaching session provided by the Trust to any consultant who is not 
capable of using ultrasound.  

Response 

I can confirm that Suprapubic Catheter placement is only performed by clinicians who are 
trained and confident to perform that procedure. 

All Consultant Urologists are trained to scan patients to a standard level, however cases such 
as Mr Waring’s are extremely rare and complex, and requires a level of scanning expertise and 
skill that is practically not feasible to train Urology Consultants up to. Therefore on these 
occasions a Consultant Radiologist is now required to use the ultrasound scanner as indicated 
above.  

Under the new processes in place at the Trust, complex SPC insertions are listed as a 
scheduled joint procedure with a Consultant Radiologists who is trained and has the expertise 
to use USS (ultrasound scanning).  

(4)  the allocation of high-risk patients to Core Lists where a specific ancillary 
prophylactic measure such as ultrasound is left to either chance or to an 
administrator. 

Response 

By way of assurance I would like to clarify the process the Trust has in place for identifying high-
risk patient procedures and ensuring theatre lists (‘Core Lists’) are managed appropriately.  

I can confirm that weekly meetings are scheduled to review each individual theatre list and 
these are attended and led by the Trust’s Clinical Director for Urology. At each weekly meeting 
the individual theatre list for the next two weeks is reviewed, looking at each individual patient 
case and ensuring that these are suitable.  

Once the lists are fully booked, a finalised theatre list is sent to the treating clinician who will 
check the suitability of patients as well in advance of the surgery taking place.  

On the day of the procedure itself, a pre-list check and brief is already embedded within 
theatres In which equipment is discussed including if the ultrasound machine is required, and 
the Surgeon receives this list in advance.  A post-list debrief also takes places to identify any 
concerns or any opportunities for learning.  

(5)  The expert evidence at the inquest was that the research provided on the risk of 
complications after insertion of a suprapubic catheter into patients with lower 
abdominal surgery is inappropriate the patient such as Antony Waring and 
provides false reassurance as to the level of risk posed to these patients.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Response 

The Trust has reflected on the evidence and research presented at the inquest, and has 
subsequently introduced changes to clinical processes as outlined above.  

I hope that I have provided reassurances around the steps that we have taken to address the 
issues of concern contained within your report.  I would like to assure you that the Trust takes 
your concerns extremely seriously, and, as a learning organisation, constantly strives to improve 
the clinical services it delivers to patients.  

Our thoughts remain with Antony’s family. 

Yours sincerely, 

Martin Hodgson 
Chief Executive Officer

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