Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0551, written 14 Oct 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 14 Oct 2024 |
|---|---|
| Reference | 2024-0551 |
| Deceased | Janet Seddon |
| Coroner | Catherine Cundy |
| Coroner area | North Yorkshire and York |
| Category | Hospital Death (Clinical Procedures and medical management) related deaths |
| Organisation named | York and Scarborough Teaching Hospitals NHS Foundation Trust |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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 The Chief Executive, York & Scarborough Teaching Hospitals NHS Foundation Trust. 1 CORONER I am Catherine CUNDY, Area Coroner for the coroner area of North Yorkshire and York 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 20 February 2023 I commenced an investigation into the death of Janet Kathleen SEDDON aged 79. The investigation concluded at the end of the inquest on 09 October 2024. The conclusion of the inquest was that: Janet Kathleen Seddon died as a consequence of naturally occurring disease contributed to by a delay in correctly identifying her abdominal pathology. 4 CIRCUMSTANCES OF THE DEATH On the 30th of January 2023 Janet Kathleen Seddon underwent a CT scan of her abdomen and pelvis at York District Hospital to investigate abdominal symptoms, which was reported as showing a sigmoid stricture containing a presumed faecalith. On the 7th of February 2023 the same CT scan images were re-reviewed and reported as showing a fistula between the gallbladder and duodenum containing an impacted gallstone and indicating impending obstruction of the bowel. Mrs Seddon was surgically assessed at the hospital the same day and consented to an emergency laparotomy. While Mrs Seddon was stable in the immediate post-operative period, her condition steadily deteriorated with signs of developing sepsis. Despite intensive care she died at the hospital on the 9th of 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) 1. The Trust became aware on the 7th of February 2023 that abdominal pathology requiring urgent assessment had been missed when Mrs Seddon’s CT scan was initially reported on the 30th of January 2023. I found at inquest that there had been significant progression of Mrs Seddon’s bowel obstruction in the period between the initial report and the subsequent review, and that the delay in identifying her condition more than minimally contributed to her death. OFFICIAL Regulation 28 – After Inquest Document Template Updated 30/07/2021 The Trust referred Mrs Seddon’s death to the Coroner on the basis that her family 2. was concerned about possible omissions in primary care. Despite the Trust becoming aware of the missed pathology on the 7th of February 2023, it does not appear to have set in motion any process of investigation of the case until approximately September 2023. I was advised that a radiology candour panel concluded in October 2023 that there had been a reporting error and that a reasonable body of radiologists would have identified the concerning pathology on the CT scan. This finding was referred to the clinical care group responsible for Mrs Seddon’s care for them to assess whether the error had caused harm to Mrs Seddon, but no such definitive assessment took place and the Trust closed the investigation. As a result, no disclosure was made to Mrs Seddon’s family of the error in accordance with the Trust’s statutory Duty of Candour. The report of the closed investigation, indicating that an error had occurred in the reporting of the scan but no assessment of harm had been made, was not received by the court until February 2024, more than a year after Mrs Seddon’s death. 3. My concerns relate to – the very significant delay in addressing whether the missed abdominal pathology a) was the result of a reporting error; b) the error; c) d) occurred and any actions arising from the absence of any proper assessment of harm caused to Mrs Seddon as a result of the delay in clear disclosure of the error to Mrs Seddon’s family and to the Coroner; the absence of evidence that all relevant learning arising from the above has such learning have been completed; e) above. the potential risk of death to others in the event of a recurrence of any of the 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 December 09, 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. COPIES and PUBLICATION 8 I have sent a copy of my report to the Chief Coroner and to the following Interested Persons I have also sent it to Department of Health & Social Care - Prevention of Future Death Reporting 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 OFFICIAL Regulation 28 – After Inquest Document Template Updated 30/07/2021 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: 14/10/2024 Catherine CUNDY Area Coroner for North Yorkshire and York OFFICIAL Regulation 28 – After Inquest Document Template Updated 30/07/2021
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.
Chief Executive Office
York Hospital
Wigginton Road
York
YO31 8HE
, Chief Executive
Direct Line:
Email:
19 December 2024
Ms C Cundy
HM Coroner for York & North Yorkshire
By email:
Dear Madam
Thank you for raising your concerns following the inquest surrounding the death of Mrs Janet
Seddon following her admission to York District Hospital. I am grateful for the extension of
time for providing this response. York & Scarborough Teaching Hospitals NHS Foundation
Trust (the Trust) recognises the seriousness of these findings, and I write to outline the
actions we have taken to address the lapses identified. These measures are intended to
reduce the risk of recurrence and improve the quality and safety of care provided to our
service users. I note your concerns as outlined in the Preventing Future Deaths Report.
It is to be noted that at the time of the incident the Trust followed its previous policy on
incident management. The Trust moved to the new Patient Safety Incident Response
Framework (PSIRF) in December 2023. Since that time revised systems and processes have
been put in place to record, monitor, review and learn from incidents across the Trust. It is
acknowledged that this incident should have had, under the old policy, a 72-hour report, and
this was not undertaken. This has been reviewed within the Surgery Care Group and the new
policy requiring either hot debrief or other form of incident response is now in place and is
being used to proper effect. The governance structure within the Care Group, to review
incidents, has significantly changed with a daily review of all incidents and weekly escalation
process to Care Group Governance Lead (Consultant Anaesthetist) and Associate Chief
Nurse.
Following the introduction of the new PSIRF framework the Trust updated the Incident
Management Policy and Procedures (March 2024) and its Duty of Candour Policy, now called
Compassionate Engagement and Duty of Candour Policy (June 2024) which are available
should you wish to have sight of them.
I will address your specific concerns as follows:
3a) the very significant delay in addressing whether the missed abdominal pathology
was the result of a reporting error;
3b) the absence of any proper assessment of harm caused to Mrs Seddon as a result of
the error;
When the possible radiological misinterpretation on the CT scan was identified on 07/02/2023
this was acted upon immediately, and Mrs Seddon underwent surgery the same day. It is
accepted that following this immediate response, there was a delay in confirming whether this
was a radiological error (as opposed to a discrepancy) and, once this was identified, a further
delay in confirming the level of harm.
The radiology reporting team are encouraged to report discrepancies as part of a learning and
improvement culture and communications have been regularly reviewed in this regard.
Following this case being highlighted to the team there is now a much-improved awareness
of, and engagement with, the discrepancies process.
The Trust Radiology Duty of Candour Standard Operating Procedure (SOP) (available should
you wish to have sight of this) describes how discrepancies are assessed to establish if
radiological errors have occurred and how these are then disclosed to clinicians to evaluate
degree of harm and inform duty of candour conversations if required. This SOP is in line with,
and applies, national Royal College guidance to our processes. It was last revised in July
2024, before this inquest, and that update included specifying the one-week turnaround
timeframe for reporters responding to a candour panel, improving efficiency from the
Radiology side of the process, and a two-week response timeframe for treating clinicians to
respond to Radiology letters disclosing confirmed radiological errors and requesting feedback
on the degree of harm. A governance structure for reporting and escalation was added for
discrepancy cases which involves the review of incidents at the weekly Senior Leadership
Team (Assistant Chief Nurse, Assistant Chief Operating Officer, Care Group Director and the
governance team) meetings, where the lack of feedback on the level of harm can be
escalated.
Further updates to the SOP have been developed to clarify that the receiving treating
clinician’s Care Group governance team should be copied into the initial correspondence to
the clinician, and if required escalation for feedback on level of harm will take place with the
Cancer, Specialist and Support Services (CSCS) Care Group Director contacting the Director
of the respective Care Group. This will ensure a more timely outcome regarding level of harm
and in turn a duty of candour conversation with patient and/or family with the treating clinician,
supported by a radiologist. These updates will be submitted to the next Radiology Directorate
Meeting and on approval to CSCS Care Group Board for virtual agreement on 12/12/24.
3c) the delay in clear disclosure of the error to Mrs Seddon’s family and to the Coroner;
The surgeon reports that he was open with the patient about the missed pathology and the
need for second scan but the significance of this was unknown at the time. It was noted that
the patient had full capacity, and she was very clear with the surgeon that she did not want
2
her family to know that she was going for surgery. This was explained to the family following
her death via a letter sent to them on 13/02/2023. However this did not make reference to a
radiological discrepancy.
The incident form provided to the Coroner on 26/02/24 confirmed that there had been a
radiological error. As this had (incorrectly) been deemed a low harm incident, statutory duty of
candour did not apply.
3d) the absence of evidence that all relevant learning arising from the above has
occurred and any actions arising from such learning have been completed;
This case was discussed at the Radiology Events and Learning Meeting (REALM) in
November 2023. Minutes are not kept as per Royal College of Radiologists guidance and all
cases are anonymised, to encourage open discussion. Attendance at REALM is high within
the Trust and participation is monitored and discussed at individual reporter’s annual
appraisal.
e) the potential risk of death to others in the event of a recurrence of any of the
above.
As outlined above our processes for reviewing and learning from potential radiological errors,
and fulfilling duty of candour where required, have been strengthened. We also have in place
a revised Incident Management Policy and a revised Duty of Candour Policy further
strengthening our systems and processes.
Conclusion
We hope that this information provides you with assurance that the Trust takes its
responsibilities to be open and honest with patients very seriously. We have a number of
systems and processes in place to ensure that these are effective. The Trust has learned from
this incident and have refined our processes as a result. This will continue to be monitored
carefully through our governance and assurance structures.
Yours sincerely
Chief Executive
3
See every Prevention of Future Deaths report matching York and Scarborough Teaching Hospitals NHS Foundation Trust, and how often a new one appears.
What would an alert for this have sent me? Search the full text
Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.
These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.