Prevention of Future Deaths reports · 2025
Regulation 28 report to prevent future deaths, reference 2025-0237, written 21 May 2025. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 21 May 2025 |
|---|---|
| Reference | 2025-0237 |
| Deceased | David Bateman |
| Coroner | Guy Davies |
| Coroner area | Cornwall and the Isles of Scilly |
| Category | Hospital Death (Clinical Procedures and medical management) related deaths |
| Organisation named | University Hospitals Plymouth NHS 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.
Information Classification: PUBLIC REGULATION 28: REPORT TO PREVENT FUTURE DEATHS IN THE MATTER OF THE INQUEST TOUCHING THE DEATH OF DAVID ARTHUR SHARP BATEMAN REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Interim Chief Executive NHS University Hospitals Trust Plymouth 1 CORONER I am Guy Davies, His Majesty’s Assistant Coroner for Cornwall & the Isles of Scilly. 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. [HYPERLINKS] 3 INVESTIGATION and INQUEST On 30 July 2024 I commenced an investigation into the death of 76-year-old David Arthur Sharp BATEMAN, known as Dave to family and friends. The investigation concluded at the end of the inquest on 15 May 2025. The medical cause of death was found as follows 1a Frailty Syndrome 1b Progressive Deconditioning following Recurrent Admissions for Pelvic 1 Information Classification: PUBLIC Collections 1c Laparoscopic Pan Proctocolectomy and Ileostomy (3/9/2023) The four questions - who, when, where and how – were answered as follows … David Arthur Sharp BATEMAN died on 22 July 2024 at Pengover House Care Home Liskeard Cornwall from recognised complications following an elective operation, namely a Laparoscopic Pan Proctocolectomy and Ileostomy performed at University Hospital Plymouth on 3 September 2023. The conclusion of the inquest was as follows David Arthur Sharp BATEMAN died as a result of recognised complications of an elective operation. 4 CIRCUMSTANCES OF THE DEATH Dave opted for an elective surgical procedure due to high-risk cancerous colon polyps which had developed following a lengthy period of ulcerative colitis. The surgery was performed on 3 September 2023 at Derriford University Hospital Plymouth (UHP) and was uneventful. However, following that initial procedure, Dave suffered significant post operative complications which required multiple admissions to Derriford and interventions/treatments for a pelvic collection and urethral injury. Dave had a final operation to try and deal with these complications on 24 December 2023. It was found that before the operation on 3 September 2023 that Dave was fit, active and relatively healthy. However, by 24 December 2023 Dave had physically deconditioned and developed significant cognitive impairment. It was found that Dave’s deconditioning led to the development of dementia such that he was no longer able to care for himself and had entered a period of irreversible decline after the final operation on 24 December 2023, that led to his death from frailty syndrome on 22 July 2024. The court found evidence of poor nursing care on Derriford UHP Wolf Ward, particularly during the immediate post-operative period, from 3 September to 24 December. The poor nursing care contributed to Dave’s deconditioning in the following: • Ineffective support for taking nutrition, leading to significant weight loss. The medical records indicated that Dave’s weight dropped from 86 kilos on 7.9.23, down to 64.8 kilos on 2 Dec 2023, amounting to 2 Information Classification: PUBLIC approximately 25% weight loss Insufficient monitoring of weight Inadequate physiotherapy • • • Repeatedly found to be lying in a soiled bed • Frequently in an unwashed condition • Frequently with a split stoma bag The court found on the basis of evidence from the hospital’s treating consultant that this poor care and treatment from September to December 2023 amounted to a missed opportunity to rehabilitate Dave following the operation. The treating consultant stated that such poor care raised a mortality risk for other patients. There were three witnesses from UHP giving evidence before the court, a consultant and two nursing witnesses. They were unable to assist the court upon whether these issues of poor care have been addressed. 5 CORONER’S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will 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. The finding of poor nursing care and treatment that was possibly causative of Dave’s death and the evidence of the treating consultant that such poor care raised a mortality risk for other patients. 2. There was no evidence before the court that these concerns have been addressed and remedied. 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 17 July 2025. 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. 3 Information Classification: PUBLIC 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the family. I am also under a duty to send the Chief Coroner a copy of your response. 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 21 May 2025 HMC Guy Davies 4
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 Nurse & Director of Integrated Professions Derriford Hospital Derriford Road Plymouth PL6 8DH Date: 14th July 2025 Private and Confidential Mr R. Guy Davies Assistant Coroner Cornwall & the Isles of Scilly Coroner’s Area H.M. Coroner’s Office Pydar House Pydar Street Truro Cornwall TR1 2AY Dear Mr Davies, I am writing in response to your recently issued Regulation 28 Report dated the 22nd of May 2025 concerning the death of Mr David Bateman. On behalf of University Hospitals Plymouth NHS Trust (UHP), we would like to begin by offering our sincere condolences to Mr Bateman’s family for their loss. Thank you for highlighting the concerns regarding Mr Bateman’s death, we apologise that you have had to bring these concerns to our attention. We understand the severity of your concerns and are committed to making the necessary improvements that ensures the quality and safety of our services and prevents harm to future patients. During the course of the inquest the evidence revealed matters giving rise to concern. The matters of concern included the following: • The finding of poor nursing care and treatment, particularly relating to ineffective support for taking nutrition and insufficient monitoring of weight (during the immediate post-operative period, from the 3rd of September to the 24th of December 2023) that was possibly causative of Dave’s death and the evidence of the treating consultant that such poor care raised a mortality risk for other patients. • There was no evidence before the court that these concerns have been addressed and remedied. A full investigation into each of your concerns has been undertaken and I have documented our response below. The finding of poor nursing care and treatment, particularly relating to ineffective support for taking nutrition and insufficient monitoring of weight (particularly during the immediate post-operative period, from the 3rd of September to the 24th of December 2023) that was possibly causative of Dave’s death and the evidence of the treating consultant that such poor care raised a mortality risk for other patients. Mr Bateman was admitted to UHP on the 3rd of September 2023 for an elective laparoscopic panproctocolectomy, ileostomy, and omental packing. He was discharged on 23rd of September 2023 to a community hospital for rehabilitation. Mr Bateman experienced complications that resulted in multiple readmissions to UHP, occurring between the 1st of October 2023, and the 14th of March 2024. Initially, he was readmitted due to recurrent pelvic collections requiring surgical intervention and antibiotic therapy. Subsequently, he demonstrated a significant decline in engagement with staff (including the nursing and physiotherapy teams), decreased oral intake leading to weight loss, and reduced mobility. Mr Bateman was reviewed by the Healthcare of the Elderly and Psychiatry teams in December 2023, who initially considered Mr Bateman as having capacity and attributed his decline to a combination of prolonged hypoactive delirium and depression, and he was treated accordingly with antidepressants. However, during his admission in February 2024, Mr Bateman’s low mood and fluctuating engagement with healthcare staff were considered to potentially be related to underlying or mild dementia, which may have been exacerbated by the primary surgery and post-operative complications. Optimising Mr Bateman’s nutritional intake during the immediate post-operative period would have been essential in supporting his recovery. The UHP Nutrition & Hydration Policy outlines that a malnutrition risk assessment be performed for all adult inpatients within 24 hours of admission, with follow-up assessments conducted weekly. This assessment should include the completion of the Malnutrition Universal Screening Tool (MUST – Appendix 1), which helps identify patients who are either malnourished at the time of assessment or at risk of developing malnutrition. The results of the risk assessment should guide subsequent care planning, and interventions should be appropriate to the level of risk identified. A review of Mr Bateman’s clinical records indicates that a MUST was conducted on the 7th of September 2023. At that time, Mr Bateman weighed 86kg, and his MUST score was recorded as 0. He was rescreened on the 17th of September 2023, during which his weight was documented as 81.1 kg, representing a 5.9% decrease in weight. The MUST score at this subsequent assessment was 1, and a three-day food chart was implemented as Mr Bateman was identified as being at medium risk of malnutrition. His nutritional intake was monitored throughout this period, and no further concerns were noted prior to his discharge for ongoing rehabilitation at a community hospital on the 23rd of September 2023. Mr Bateman was readmitted to UHP on the 1st of October 2023. The investigation could not find evidence indicating that Mr Bateman was weighed or that a MUST was conducted until the 2nd of November 2023, when his weight was recorded as 72.25 kg, representing a 16% weight loss, and his MUST score was documented as 4. There is documentation suggesting that a MUST was considered on the 1st of October, 16th of October, and the 29th of October 2023. However, the screening could not be completed as the nursing team was unable to calculate Mr Bateman’s weight, primarily because Mr Bateman declined to be weighed. It is not clear from the review if the risks associated with malnutrition and the importance of a weight was explained to Mr Bateman, and it is acknowledged that alternative methods, as outlined in Appendix 1, could have been employed. For example, the team could have considered estimating Mr Bateman’s weight using measurements of mid-upper arm circumference (MUAC). Once Mr Bateman's weight loss was appreciated, a food chart was implemented and a dietician referral was made on the 2nd of November 2023, and he was reviewed by the team on the 3rd of November 2023. Addition supplements (ensure plus, and fortified milk) were ordered and supplied to Mr Bateman to support with his nutritional intake, and a discussion was had with him regarding the potential for nasogastric tube feeding should his appetite/nutritional intake not improve. Mr Bateman was reviewed again by the dietician on the 7th of November 2023, and Mr Bateman’s nutritional intake remained poor, therefore an increase in supplements was made. Mr Bateman was discharged from the dietician team, and he was discharged from UHP for on the 11th of November 2023. Mr Bateman was later readmitted on the 25th of November 2023, and a MUST was conducted upon admission. His weight was recorded as 71kg, representing a 17.5% weight loss with a MUST score of 0. A subsequent MUST was performed on the 28th of November 2023, indicating a weight of 71.95 kg and a MUST score of 0. He was referred to and reviewed by a dietitian on the 30th of November 2023, who recommended ongoing monitoring of his nutritional intake supported by supplements which were ordered and provided. Mr Bateman was reassessed on the 12th of December 2023, and his weight was documented as 67kg, indicating a 22% weight loss, and his MUST score recorded as 4. He was reviewed again by the dietitian on the 14th of December 2023, and a plan was implemented for nasogastric tube placement to facilitate enteral feeding. A nasogastric tube was inserted by the nursing team on the same day, although later inadvertently removed resulting in replacement. Mr Bateman’s weight continued to fluctuate in the subsequent months despite encouragement to eat and drink, and intermittent enteral feeding and his recorded weight on discharge from Wolf ward on the 6th of February 2024 was 71.45kg. In conclusion, the investigation determined that Mr Bateman's post-operative recovery was protracted and complicated by multiple issues and complications, which significantly affected his mood and mental health, leading to reduced engagement with care. While there is evidence that weight measurements and MUST assessments were conducted at various points during his stay, and that food charts, supplements, and dietician input were considered and utilised, the frequency of weights and reassessment should have been more prompt at times. Additionally, there were missed opportunities to address challenges in completing weight measurements, when Mr Bateman declined and no evidence was found that alternative methods for estimating Mr Bateman’s weight and malnutrition risk were considered when a weight could not be gained. This may have supported the team to have implemented more timely interventions particularly between the 1st of October 2023 and the 2nd of November 2023. The Trust has reflected on these findings and improvements will be made as outlined in the improvement plan in Appendix 2. There was no evidence before the court that these concerns have been addressed and remedied. The Trust acknowledges that there were two missed opportunities to have identified and addressed the concerns raised during the inquests. First whilst Mr Bateman was an inpatient as there were frequent discussions with his family regarding their concerns about his deconditioning, reduced engagement with care, and poor nutritional intake, and secondly following Mr Bateman’s death when the Service Line undertook a structured judgement review. The Trust apologises that these concerns were not addressed prior to the inquest and hopes that this response provides some reassurance that we have fully explored the concerns raised, and that we are committed to taking the necessary steps to improve the safety of our services. Should you have any further questions please do not hesitate to contact me. Once again, we extend our deepest condolences to Mr Bateman’s family. Yours sincerely Chief Nursing Officer Appendix 1 – MUST screening tool Action Owner Director of Nursing Target completion date 31st August 2025 (first peer review, with ongoing peer reviews to become business as usual) Director of Nursing 31st August 2025 Director of Nursing 31st August 2025 Appendix 2 – Improvement plan Action Description 1 2 3 Regular audit/peer review of nutrition care, including the frequency and quality of MUST assessments should be undertaken as part of the peer review programme. Education session to be provided on how to measure the mid-upper arm circumference (MUAC) and estimate a patient's weight at the Matrons Safety Huddle. Findings from this investigation, including the importance of considering alternative interventions to estimate a patient's weight when a weight cannot be acquired to be shared across the organisation at the Trusts Harm Free care group and Nutritional Steering group
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