Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0474, written 30 Aug 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 30 Aug 2024 |
|---|---|
| Reference | 2024-0474 |
| Deceased | Terence Clark |
| Coroner | Graeme lrvine |
| Coroner area | East London |
| Category | Hospital Death (Clinical Procedures and medical management) related deaths |
| Organisation named | Barts Health NHS Trust |
| Source | judiciary.uk record · original PDF |
| Responses published | 2 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
MR G IRVINE
SENIOR CORONER
EAST TONDON CORONERS COURT
124 Queens Road Walthamstow, E17 8QP
Telephone 020 8496 5000 Em ail coroners @wa lthamforest.eov.u k
REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (r)
Ret:
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT IS BEING SENT TO
1.
2.
Trust
Sent via email:
Gare
Sent via email:
1
CORONER
, Chief Executive Officer, Barts Health NHS Foundation
, Secretary of State for Dept. Health & Social
I am Graeme lrvine, senior coroner, for the coroner area of East London
2
CORONER'S LEGAL POWERS
I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009
and Regulations 28 and29 of the Coroners (lnvestigations) Regulations 2013.
http ://www. lesislation.eov. u k/u kpea/2009/25lsched u le/5/pa raera ph/7
http://www. leeislatio n.sov. u k/u ksi/2013/1629lpa rtl7/made
3
INVESTIGATION and INQUEST
On 3rd November 2023 this court commenced an investigation into the death of Terence
Harry Clark, aged 76. The investigation concluded at the end of the inquest on 27th
August 2024 when the court returned a narrative conclusion.
"Terence Harry Clark died in hospital on 1st November 2023. Mr Clark had numerous
ço-morþidities including an impaired swallow. Qn 26th Qctoher 20?3 he was admitte¡l to
hospital by ambulance with aspiration pneumonia. On 1st November 2023 he was fitted
with a naso-gastric tube which required radiological confirmation of its siting. Mr Clark
1
sustained a cardiac arrest whilst waiting unescorted in the X-ray waiting area."
Mr Clarks medical cause of death was determined as;
1 a Aspiration Pneumonia
1b Right Frontal Lobe lschaemic Stroke, Dementia
ll Chronic Obstructive Pulmonary Disease, Diabetes Mellitus
4
CIRCUMSTANCES OF THE DEATH
Terence Harry Clark was 76-year-old man with considerable co-morbidity, including a
compromised swallow, dysphagia.
Mr Clark was admitted to hospital by ambulance on the evening of 26th October 2023
with difficulty in breathing. Mr Clark was diagnosed with bilateral aspiration pneumonia.
The deceased was admitted and treated with anti-biotics.
Mr Clark was assessed by the speech and language team who advised that to protect
his ainvay from further aspiration he should be made subject to a nil by mouth order
pending the trialof feeding using a naso-gastric ("NG") tube.
On 1st November 2023 Mr Clark underwent NG tube insertion which required an x-ray to
ensure that the tip of the tube was correctly sited in his stomach, and not in an airway. lt
is reported that prior to an x-ray no feed was introduced via the apparatus.
Against Trust policy, Mr Clark was sent to the imaging suite unescorted by nursing or
medical staff. Mr Clark's x-ray was never completed, passing members of trust staff
found Mr Clark, unresponsive in the imaging suite waiting area and alerted their
radiology colleagues.
As Mr Clark was unescorted, little was known about the patient. CPR was commenced
and subsequently discontinued when it was learned that the patient had a do not
attempt cardio-pulmonary resuscitation order in place. Mr Clark was declared deceased
5
CORONER'S CONCERNS
During the course of the inquest the evidence revealed matters giving rise to concern. ln
my opinion there is a risk that future deaths could occur unless action is taken. ln the
circumstances it is my statutory duty to report to you.
The MATTERS OF CONCERN are as follows. -
A. Despite Mr Clark having been subject to a nil-by-mouth order for 24 hrs prior to
collapse, cream-coloured liquid food was found in Mr Clark's airway at autopsy
The NG tube, inserted on the day of death had been removed and misplaced
prior to autopsy. No evidence exists to indicate, when the apparatus was
removed, by whom, on whose instruction or why. The removal and loss of this
apparatus impeded the proper investigation of this death.
B. The Trust conducted a patient safety investigation into the circumstances
leading to Mr Clark's death, the investigation did not identify the removal of the
NG tube as a significant factor worthy of scrutiny. Both of these issues raise a
concern that the Trust can not adequately secure and review evidence relevant
to governance and coronial investigations, necessary to mitigate risks of future
fatalities.
6
ACTION SHOULD BE TAKEN
2
ln my opinion action should be taken to prevent future deaths and I believe you
IAND/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 25th October 20241, 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.
I
COPIES and PUBLIGATION
I have sent a copy of my report to the Chief Coroner and to the following lnterested
Persons the family of Mr Clark, the Care Quality Commission and to the local Director of
Public Health 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 other 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.
/a
I
J
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.
Trust Executive Office Ground Floor Pathology and Pharmacy Building The Royal London Hospital 80 Newark Street London E1 2ES Telephone: 020 32460641 Email: Group Chief Medical Officer www.bartshealth.nhs.uk PRIVATE & CONFIDENTIAL 24 October 2024 Our Ref: Your Ref: 24 October 2024 Mr Graeme Irvine Area Coroner – East London Walthamstow Coroner’s Court Queen’s Road London E17 8QP Dear Mr Irvine Re: Regulation 28 Report to Prevent Future Deaths I write regarding your letter of regarding your concerns relating to the death of Terence Clark at Newham University Hospital. I hope this letter will provide assurance to you of the steps that we are taking to address the concerns you have outlined. A. Despite Mr Clark having been subject to a nil-by-mouth order for 24 hrs prior to collapse, cream-coloured liquid food was found in Mr Clark's airway at autopsy The NG tube, inserted on the day of death had been removed and misplaced prior to autopsy. No evidence exists to indicate, when the apparatus was removed, by whom, on whose instruction or why. The removal and loss of this apparatus impeded the proper investigation of this death. B. The Trust conducted a patient safety investigation into the circumstances leading to Mr Clark's death, the investigation did not identify the removal of the NG tube as a significant factor worthy of scrutiny. Both of these issues raise a concern that the Trust can not adequately secure and review evidence relevant to governance and coronial investigations, necessary to mitigate risks of future fatalities. I will respond to these items together as they are interlinked. Mr Clark had an NG tube inserted on the 1st November 2023. It was not used prior to the X-Ray being conducted at which point Mr Clark had a cardiac arrest and died. The investigation into his death focused on the lack of nursing escort and therefore knowledge of Mr Clark’s DNACPR status when he arrested in the department which resulted in CPR being commenced. The NG tube was removed by ward staff on the day of Mr Clark’s death following a discussion with a doctor and the site manager. At this point a coroners referral had not been considered or made. The coroner’s referral was made on the 3rd November 2023. The terms of reference for the concise internal investigation into Mr Clark’s death did not include review of the NGT removal as it was not considered to be materially relevant to any care issues identified. I apologise that the information regarding the timing of the removal of the NGT was not provided at the inquest and it was not considered as part of the concise investigation. The Barts Health Bereavement – care before, during and after death policy, states that where coroners referral has been made, tubes and devices should not be removed and that to contact the coroners office if unsure. It also indicates that this can be discussed ahead of death where relevant. The current policy differs with regard to removal of tubes and devices according to whether a coroners referral has been made. It also states in section 26.4 that: if the cause of death is known and the coroner is not going to be involved there should be no concern about removing medical tubes and lines. Following this case, we are reviewing the Bereavement policy to clarify the guidance around removal of tubes, lines and devices. Where a sudden or unexpected death has occurred, the policy will mandate that tubes, lines and devices are left in situ until after: a. A discussion with the medical examiner b. A decision has been made about coronial referral c. A death certificate has been issued The policy will also be updated to include the role of the medical examiner. Every patient death is now reviewed by a Medical Examiner usually within 24 hours and so the need for a coroner referral should be clear prior to any removal of equipment from the body and a delay of 2 days, as in this case, should be avoided. This case has already been discussed at our safety huddles, with the senior nursing and site teams to underline the above and ensure a lower threshold for discussion with the coroners office should there be any doubt about removal of lines etc. Any conversation will be documented in the patient record. We will be cascading the learning from this incident and embedding this within training across the Trust. Yours sincerely Chief Medical Officer Barts Health NHS Trust
Parliamentary Under-Secretary of State for Patient Safety, Women’s Health and Mental Health 39 Victoria Street London SW1H 0EU 22 October 2024 Our ref: HM Coroner Graeme Irvine East London Coroner’s Court Queens Road Walthamstow London E17 8QP By email: Dear Mr. Irvine, Thank you for the Regulation 28 report of 30 August sent to the Secretary of State about the death of Terence Harry Clark. I am replying as the Minister for Patient Safety. Firstly, I would like to say how saddened I was to read of the circumstances of Mr. Clark’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 poor record keeping at the Trust around the decision to remove and the misplacement of the nasogastric (NG) tube the day prior to surgery – impeding the investigation. Secondly, the Trust’s investigation did not identify the removal of the NG tube as a significant factor worthy of scrutiny although there was nil-by-mouth order for 24 hours prior. This raises concerns about securing and reviewing evidence relevant to governance and controls at the Trust. In preparing this response, my officials have made enquiries with NHS England and the Care Quality Commission (CQC) to ensure we adequately address your concerns. The CQC inform us that actions have taken by the Trust to address the concerns raised by the coroner. The CQC will monitor the Trust on the implementation of these actions and ensure they are embedded for the long term. I have been assured that as direct recipient of this report, the Trust is considering the concerns carefully and will be responding at length. Appropriate governance is essential for the effective running of any organisation, and I look forward to their response to provide the detail behind the actions taken and the learning from Mr Clark’s sad case. It is vital to understand the changes made so that the concerns raised in the report around Mr. Clark’s death do not recur. Patient safety is a top priority for this government and no one accessing the NHS should ever have to worry about receiving the right care and in the right hands. Several reports have identified shortcomings in the way patient safety incidents were investigated and learned from under the previous Serious Incident Framework (SIF). As you might be aware, the Patient Safety Incident Response Framework (PSIRF) replaces the SIF. It is part of the NHS Patient Safety Strategy and represents a significant shift in how providers must now respond and learn from patient safety incidents with a focus on more effective learning and engaging families. Building an NHS fit for future is a key mission for this government. It is only with our continued and joint efforts with partners and stakeholders that we can drive improvements in safety and quality. I hope this response is helpful. Thank you for bringing these concerns to my attention. Yours sincerely, PARLIAMENTARY UNDER-SECRETARY OF STATE FOR PATIENT SAFETY, WOMEN’S HEALTH AND MENTAL HEALTH
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