Prevention of Future Deaths reports · 2024

David Curry

Regulation 28 report to prevent future deaths, reference 2024-0401, written 25 Jul 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report25 Jul 2024
Reference2024-0401
DeceasedDavid Curry
CoronerJacqueline Lake
Coroner areaNorfolk
CategoryHospital Death (Clinical Procedures and medical management) related deaths
Organisation namedNorfolk and Norwich University Hospitals NHS Foundation Trust
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:

The Secretary of State for Health and Social Care:

The Department of Health and Social Care

1

CORONER

I am Jacqueline LAKE, Senior Coroner for the coroner area of Norfolk

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 05 October 2023 I commenced an investigation into the death of David Alfred CURRY
aged 77. The investigation concluded at the end of the inquest on 19 July 2024.

The medical cause of death was:

1a)
1b)
1c)
1d)

2)

Multi Organ Failure
Urosepsis
Ureteroscopy, Laser Lithotripsy and Insertion of Stent 20.09.2023
Ureteric stent insertion for urosepsis due to an obstructing ureteric stone
07.04.2023
Atrial Fibrillation, Diabetes Mellitus, Chronic Obstructive Pulmonary Disease

The conclusion of the inquest was:
Mr Curry died from recognised risks of an appropriate procedure

4

CIRCUMSTANCES OF THE DEATH

Mr Curry was admitted to Norfolk and Norwich University Hospital on 7 April 2023 when a
stone was identified in the left lower ureter and a ureteric stent was placed as an
emergency. Mr Curry was referred for a ureteroscopy which was undertaken on 20
September 2023 at Spire Norwich Hospital. Following the procedure Mr Curry showed signs
of infection and was transferred to Norfolk and Norwich University Hospital where his
condition deteriorated and he died on 1 October 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:

1. Mr Curry was treated for an infected obstructed left kidney and a left ureteric stent was
placed as an emergency on 7 April 2023. Mr Curry's name was added to the NHS
waiting list for Day Case urgent left ureteroscopy and laser stone fragmentation.

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

 2. Mr Curry required timely management; coded as Priority (P) 2. P2 is used to denote the
ideal time frame for performing surgery and in the event of this procedure, P2 timescale
typically means within 4 weeks.

3. Evidence was heard that the risk of post operative urinary infection and sepsis is

increased by prolonged stent dwell time.

4. Due to a lack of theatre capacity, Mr Curry did not receive a date for the proposed

procedure at the NHS Trust and some five months following the initial procedure he
approached Spire Norwich Hospital on 5 September 2023. The procedure was carried
out on 15 September 2023.

5. Following the procedure being carried out Mr Curry developed sepsis and died on 1

October 2023.

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 September 19, 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

Norfolk and Norwich University Hospital Legal Team

– Spire Counsel

– Spire Healthcare Centre Legal Team

– Spire Healthcare Centre Legal Team

I have also sent it to:
Department of Health
Care Quality Commission
HSSIB (Health Services Safety Investigations Body)
Healthwatch Norfolk
NHS England (NHS Improvement)

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: 25/07/2024

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

 Jacqueline LAKE
Senior Coroner for Norfolk
County Hall
Martineau Lane
Norwich
NR1 2DH

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 Dhsc (PDF)
Our ref: 

HM Coroner Jacqueline Lake  
County Hall 
Martineau Lane 
Norwich 
NR1 2DH 

By email: 

Dear Jacqueline,  

From Minister Karin Smyth MP 
Minister of State for Health 

39 Victoria Street 
London 
SW1H 0EU 

13 September 2024 

Thank  you  for  the  Regulation  28  report  of  25 July  sent  to  the  Department  of  Health  and 
Social  Care  about  the  death  of  Mr  David  Curry.  I  am  replying  as  the  Minister  with 
responsibility for health, including secondary care.       

Firstly, I would like to say how saddened I was to read of the circumstances of Mr Curry’s 
death, and I offer my sincere condolences to their family and loved ones. The circumstances 
your report describes are concerning and I am grateful to you for bringing these matters to 
my attention.  

The report raises concerns over the amount of time Mr Curry was on a waiting list for elective 
treatment  –  for  five  months  from  April  2023,  until  he  approached  a  private  provider  in 
September 2023.  Lack of theatre capacity at Norfolk and Norwich University Hospitals NHS 
Foundation Trust (NNUH) is cited as the reason Mr Curry did not receive a procedure date. 
The report also raises concern about the increased clinical risks associated with Mr Curry’s 
long waiting time, particularly the increased risk of post operative infection which is cited as 
one of the medical causes of death.  

I want to assure you that tackling waiting lists is a key part of our Health Mission and a top 
priority  for  this  government,  as  we  get  the  NHS  back  on  its  feet.  We  have  committed  to 
achieving the NHS Constitutional standard that 92% of patients should wait no longer than 
18 weeks from Referral to Treatment (RTT), by the end of this parliament.  

It is unacceptable that some patients are waiting five months or more for elective treatment. 
The NHS and the Department are providing regional and national support and scrutiny to 
the most challenged Trusts with the largest backlogs of long waiters, including NNUH. 

In preparing this response, Departmental officials have made enquiries with NHS England 
(NHSE).  NHSE  has  raised  your  concerns  directly  with  the  Integrated  Care  Board  (ICB) 
relevant to this case (Norfolk and Waveney ICB).  

The ICB’s Elective Recovery Board (ERB) is responsible for overseeing elective activity in 
the area, supporting Trusts to maximise elective capacity, including theatre capacity, across 
the system, and to use capacity in line with clinical prioritisation. The ERB takes a system-

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
 
  
 
 wide approach to improving productive use of theatres and driving collaboration, including 
through mutual aid. In July, the Norfolk and Norwich University Hospital Orthopaedic Centre 
opened in NNUH, with four new theatres for elective orthopaedic surgery. Whilst Mr Curry’s 
surgery  could  not  have  taken  place  in  this  centre,  the  additional  theatre  capacity  for 
orthopaedics will free up other theatres in the Trust for surgery in other specialties. 

With  regards  to  your  concern  over  the  increased  risks  of  long  waiting  times  for  elective 
treatment,  the  Trust  has  a  Clinical  Harm  Review  Group  which  oversees  compliance  with 
guidelines for monitoring and mitigating the risk of harm to people on waiting lists. The ICB 
has recently established a System Clinical Harms Review Group with an overarching aim of 
keeping people on elective waiting lists safe. The Group will bring together key partners to 
share learning and reduce unwarranted variation in clinical harm review processes across 
the ICS, including clinical prioritisation processes which would have impacted this case. The 
Group will also highlight to the ERB any themes emerging in terms of harms to be reviewed, 
so  such  harms  can  be  mitigated  for  future  patients. In  future,  the  Group  will  expand  and 
provide further ‘waiting well’ initiatives alongside the current harm review processes. 

Norfolk and Waveney ICB has reached out to the healthcare providers involved to offer their 
support  to  progress  any  internal  learning  identified.  This  case  will  be  taken  to  their  ICS 
Learning from Deaths Forum to ensure key learning is shared across the system. 

I hope this response is helpful. Thank you for bringing these concerns to my attention.   

Yours sincerely, 

KARIN SMYTH  

MINISTER OF STATE FOR HEALTH

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