Prevention of Future Deaths reports · 2024

Karen Dack

Regulation 28 report to prevent future deaths, reference 2024-0681, written 10 Dec 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report10 Dec 2024
Reference2024-0681
DeceasedKaren Dack
CoronerDianne Hocking
Coroner areaLeicester City and South Leicestershire
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:

Department of Health & Social Care
39 Victoria Street
London
SW1H 0EU

By Email only to :-

1

CORONER

I am Mrs D HOCKING, His Majesty's Assistant Coroner for the coroner area of Leicester City and
South Leicestershire.

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 29 May 2024 I commenced an investigation into the death of Karen Pamela DACK aged 43. The
investigation concluded at the end of the inquest on . The conclusion of the inquest was that:

The cause of death was established as:

I a Sepsis
I b Spontaneous Bowel Perforation
I c Sigmoid Diverticular Stricture

II

4

CIRCUMSTANCES OF THE DEATH
Ms Dack had worsening symptoms of stricture and obstruction of the bowel. She had a colonoscopy
on the 21 December 2023 which showed a stricture of the bowel. In April 2024, following admission
via the emergency department, planned urgent surgery did not happen because there were no
intensive care beds and her condition had appeared to have resolved. She was fast tracked to have
an elective bowel resection on the 17 May 2024. On the 02 May 2024, following another emergency

Regulation 28 – After Inquest
Document Template Updated 16/05/2023

 admission she again had urgent surgery planned but it did not go ahead due to her surgery being
superseded by other more urgent cases. Her treating consultant told this inquest that it was his
plan to take Karen back to theatre the next day but this was not clearly communicated and Karen
was discharged with the elective surgery still to take place as previously planned on the 17 May
2024, which was the plan written in the electronic records. There was no assessment by any senior
surgeon as to Karen’s fitness to be discharged and there was confusion about the management plan
by the nurses on the ward. Karen re-presented to the emergency department four days later with
worsening abdominal pain, vomiting and diarrhoea. She had not suffered a perforated bowel at the
time of admission, but the plan was that she should be taken to theatre for a laparoscopic bowel
resection the following day. Due to the volume of operations at this time this did not take place on
the 07 May and was planned for the next day.
It is clear from the evidence that Karen’s condition
deteriorated suddenly on the morning of the 08 May 2024, most likely due to perforation of her
bowel. Once this was recognised surgery was completed urgently but Karen did not recover and
became septic and sadly died despite the surgeons attempts to save her with several further
operations. The evidence heard is that had Karen had any of the planned operations before her
bowel perforated on the 08 May she would have survived.

5

CORONER’S CONCERNS

During the course of the investigation my inquiries revealed matters giving rise to concern. In my
In the circumstances it
opinion there is a risk that future deaths could occur unless action is taken.
is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows:
(brief summary of matters of concern)

That this lady’s surgery was cancelled at the last minute on three separate occasions due to lack of
theatre availability.
I heard from the Deputy Clinical Director at Leicester Royal Infirmary that there
has been a review of how patients are prioritised and whether they are effectively using their
emergency theatre capacity. He said that ‘the obvious problem with emergencies is they are
unpredictable, there are times when the emergency list only requires one theatre and there are
times when there are so many cases on the emergency list that we need to cancel elective cases in
order to accommodate them and SOPs are in place around this.’ He went on to say that there were
no imminent plans for theatre expansion at the University Hospitals of Leicester (UHL) and that the
categorisation and access to emergency theatres are probably as good as they can get with the
currently available resources.

I am concerned that whilst UHL is doing its utmost to deal with this problem the fact is that
regardless of how patients are categorised there are still the same number of theatres available and
that this issue will happen again, and further deaths may occur.

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 January 31, 2025. I, the coroner, may extend the period.

Regulation 28 – After Inquest
Document Template Updated 16/05/2023

 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:

The deceased’s family

1)
2) University Hospitals of Leicester

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: 10/12/2024

Mrs D HOCKING
His Majesty's Assistant Coroner for Leicester City and South Leicestershire

Regulation 28 – After Inquest
Document Template Updated 16/05/2023

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)
Minister of State for Health (Secondary Care)  

39 Victoria Street  
London  
SW1H 0EU  

20 February 2025  

Our ref: 

HM Coroner Dianne Hocking  
The Coroner’s Court  
Town Hall  
Town Hall Square  
Leicester   
LE1 9BG  

By email: 

Dear Mrs Hocking,   

Thank  you  for  the  Regulation  28  report  of  10  December  2024  sent  to  the  Department  of 
Health and Social Care about the death of Karen Dack. I am replying as the Minister with 
responsibility for Health (Secondary Care).        

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

The  report  raises  concerns  over  Karen  Dack’s  last  minute  surgery  cancellations.  This 
happened  on  three  separate  occasions  following  emergency  admission  due  to  lack  of 
theatre availability. See ‘matters of concerns’ outlined in the PFD report.  

In preparing this response, my officials have made enquiries with NHS England to ensure 
we adequately address your concerns. NHS England has raised your concerns directly with 
the Integrated  Care Board  (ICB) relevant  to this case  (NHS Leicester,  Leicestershire and 
Rutland ICB).    

Prior to  the  issuing  of the  Regulation  28,  the Trust  had  completed a  mortality  review and 
identified some immediate actions that were instigated to reduce future risk. These included 
a  change  to  the  process  for  emergency  theatre  booking  and  improvements  in  tallying 
documentation across different systems. University Hospital of Leicester NHS Trust’s (UHL) 
clinical teams are fully focused on ensuring that the acute deterioration of patients is acted 
on promptly and their senior clinical decision makers act in a manner to ensure appropriate 
clinical risk is balanced with operational pressures.   

  
  
  
  
  
  
  
  
  
  
  
   
   
   
   
 The case also met the national criteria for a Patient Safety Incident Investigation (PSII), and 
this  is  being  undertaken  in  the  Trust.  NHS  Leicester,  Leicestershire  and  Rutland  ICB  is 
engaging with the Trust and awaits the outcome of the PSII.   

Regarding your concern over theatre capacity, the Trust are focussing on fully utilising all 
elective theatre capacity, to free up theatre capacity for urgent care; notably at  
Loughborough,  Melton  and the  new East  Midlands  Planned  Care Centre at  the Leicester 
General  Hospital  site. Additionally,  a  new  day-case  theatre  is  replacing  an  old  dormant 
facility at Hinckley, with the build due in 2026. All of this should allow activity to be undertaken 
more efficiently within the capacity available and free up time for the larger or more urgent 
cases  in  the  most  appropriate  acute  setting.  The  Trust  is  exploring  expansion  of  theatre 
capacity  through  the  ‘surgical  hub’  programme.  Dedicated  and  protected  surgical  hubs 
transform the way the NHS provides elective care by focusing on providing high volume low 
complexity surgery, as recommended by the Royal College of Surgeons of England.  

NHS England are also undertaking a thorough investigation of this case under the Patient 
Safety Incident Response Framework (PSIRF) process to ensure learning is taken from this 
case going forward. NHS England will also be flagging this Regulation 28 through to their 
Quality Committee this month. This case will also be taken to the Leicester,  
Leicestershire and Rutland (LLR) system-wide Learning from Deaths forum, chaired by the 
ICB Deputy Medical Director to ensure learning is shared across the system.  

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

Yours sincerely,   

MINISTER OF STATE FOR HEALTH

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