Prevention of Future Deaths reports · 2025

Esther Byrne

Regulation 28 report to prevent future deaths, reference 2025-0272, written 3 Jun 2025. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report3 Jun 2025
Reference2025-0272
DeceasedEsther Byrne
CoronerJanine Richards
Coroner areaDurham and Darlington
CategoryCare Home Health related deaths · Hospital 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:

1 

1

CORONER

I am Janine RICHARDS, Assistant Coroner for the coroner area of County Durham and
Darlington

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 30/12/2024 14:54an investigation was commenced into the death of Esther Jane
Lancaster BYRNE 06/02/1932 00:00:00. The investigation concluded at the end of the
inquest on 02/06/2025 00:00. The conclusion of the inquest was that Esther Jane
Lancaster Byrne, aged 92 years, died at her care home on the 18th of December 2024. The
deceased had a diagnosis of vascular dementia and was extremely frail. She deteriorated
subsequent to an accidental fall which occurred on the 1st of November 2024 when she
sustained a neck of femur fracture, which in the light of her frailty and some doubt as to
the presence a fracture or whether this was, in fact, an osteophyte curtain, by the treating
physician, was treated conservatively. The deceased was readmitted on the 4th of
December 2024 due to increased hip pain and when the fracture sustained had become
displaced, possibly due to a further fall. This was operated upon on the 5th of December
2024 and the deceased was discharged back to her care home and subsequently
deteriorated to her death..

4

CIRCUMSTANCES OF THE DEATH

Esther Jane Lancaster Byrne, aged 92 years, died at her care home on the 18th of
December 2024. The deceased had a diagnosis of vascular dementia and was extremely
frail. She deteriorated subsequent to an accidental fall which occurred on the 1st of
November 2024 when she sustained a neck of femur fracture, which in the light of her
frailty and some doubt as to the presence a fracture or whether this was, in fact, an
osteophyte curtain, by the treating physician, was treated conservatively. The deceased
was readmitted on the 4th of December 2024 due to increased hip pain and when the
fracture sustained had become displaced, possibly due to a further fall. This was operated
upon on the 5th of December 2024 and the deceased was discharged back to her care
home and subsequently deteriorated to her death.

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)

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

 1. Poor communication and liaison with family generally, and in particular with a family
member who held a health and welfare power of attorney, led to important information
being incorrect, including about such issues as the deceased's baseline presentation which
was pertinent to safe discharge planning and risk assessment. It was accepted that there
was no communication with the family member who held power of attorney regarding
diagnosis and treatment options, the rationale for these, or the discharge plan.
2. There were numerous discrepencies in the evidence demonstrating a misunderstanding
by various medical staff as to the deceased's baseline presentation, and the extent to which
she had or had not mobilised whilst an inpatient which were pertinent to care planning
upon discharge and to any handling required to be risk managed by the care home.
3. It was accepted that a follow up appointment should have been arranged for the
deceased after discharge and there was no explanation for why this was not arranged.
4.The treating consultant physician expressed considerable doubt as to the quality and 
accuracy of radiological reporting provided by the outsourced out of hours service (which 
is understood to be outside the UK)  and accepted that this issue, amongst others, 
contributed to his doubt that the deceased had sustained a fracture. The Inquest heard 
that there was no ability to discuss the findings with the reporting radiologist.

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 July 29, 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.
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

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: 03/06/2025

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

 Janine RICHARDS
Assistant Coroner for
County Durham and Darlington

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 County Durham and Darlington NHS Foundation Trust (PDF)
www.cddft.nhs.net 

Executive Corridor 
Darlington Memorial Hospital 
Hollyhurst Road 
Darlington,  
DL3 6HX 

E-mail:

Our Ref: 

25th July 2025 

Janine Richards,  
Assistant HM Coroner,  
County Durham 

Dear Ms Richards,  

Re: Esther Byrne 

We are writing in response to your request for the Trust to take action in relation to concerns 
as detailed below: 

(1)  Poor communication and liaison with family generally, and in particular with a family 
member who held a health and welfare power of attorney, led to important information 
being incorrect, including about such issues as the deceased’s baseline presentation 
which was pertinent to safe discharge planning and risk assessment. It was accepted 
that there was no communication with the family member who held power of attorney 
regarding  diagnosis  and  treatment  options,  the rationale for these,  or  the discharge 
plan. 

(2)  There  were  numerous  discrepancies 

the  evidence  demonstrating  a 
misunderstanding by various medical staff as to the deceased’s baseline presentation, 
and the extent to which she had or had not mobilised whilst an inpatient which were 
pertinent  to  care  planning  upon  discharge  and  to  any  handling  required  to  be  risk 
managed by care home. 

in 

(3)  It  was  accepted  that  a  follow  up  appointment  should  have  been  arranged  for  the 
deceased after discharge and there was no explanation for why this was not arranged. 

(4)  The treating consultant physician expressed considerable doubt as to the quality and 
accuracy  of  radiological  reporting  provided  by  the  outsourced  out  of  hours  service 
(which  is  understood  to  be  outside  the  UK)  and  accepted  that  this  issue,  amongst 
others,  contributed  to  his  doubt  that  the  deceased  had  sustained  a  fracture.  The 
Inquest  heard  that  there  was  no  ability  to  discuss  the  findings  with  the  reporting 
radiologist. 

The Trust would like to offer its sincere condolences to Ms Byrne’s family for their loss. We 
take very seriously the concerns which you have raised and have provided a response below.  

Poor communication and liaison with family generally, and in particular with a family 
member who held a health and welfare power of attorney, led to important information 
being incorrect, including about such issues as the deceased’s baseline presentation  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 www.cddft.nhs.net 

which was pertinent to safe discharge planning and risk assessment. It was accepted 
that there was no communication with the family member who held power of attorney 
regarding diagnosis and treatment options, the rationale for these, or the discharge 
plan. 

On  review  of  the  care  the  ward  team  were  unaware  that  a  family  member  had  Power  of 
Attorney for health and welfare. However the trust acknowledges that communication with the 
family was poor. On review of this issue the Orthopaedic team will ensure that a member of 
multi-disciplinary team is allocated on the ward round to update the family regarding all issues 
of the patients care. To provide assurance to the organisation of meeting this standard, regular 
audits  will  be  completed  by  the  relevant  ward  manager  by  a  retrospective  clinical  record 
review. 

There  were  numerous  discrepancies 
the  evidence  demonstrating  a 
misunderstanding by various medical staff as to the deceased’s baseline presentation, 
and the extent to which she had or had not mobilised whilst an inpatient which were 
pertinent  to  care  planning  upon  discharge  and  to  any  handling  required  to  be  risk 
managed by care home. 

in 

Communication failures resulted  in  conflicting  information  regarding  mobility  status  and the 
ability to transfer from bed to chair.  On 4th November and 6th December 2024, Ms Byrne’s 
baseline mobility was documented as having the ability to walk short distances with a wheeled 
Zimmer frame with supervision in the care home. This information was provided by the care 
home staff and the patient’s granddaughter. On the 5th November 2024, the patient was only 
able to transfer from the bed to chair with assistance of 2 staff and using a wheeled Zimmer 
frame. During the patients second admission hospital (3rd December 2024) Ms Byrne was not 
able to stand with assistance and the plan was to nurse in bed/hoist. Although there was a 
plan  for  the  patient  to  be  discharged  back  to  her  care  home,  the  physiotherapists  were 
planning  to  complete  further  mobility  assessments  including  considering  using  a  hoist  for 
transfers. Unfortunately this assessment did not take place prior to Ms Byrne’s discharge back 
to the care home. The patient had not returned to her baseline level of mobility and therefore 
a further discussion with  the family care home should have taken place to ensure the care 
home could meet Ms Byrne’s care needs. 
As a result of this the ward has made adjustments to ensure the physiotherapy team attend 
orthopaedic  ward  rounds  and have access  to  electronic  clinical  records to ensure they  are 
involved  in  decision  making  and  contribute  to  discussion  regarding  the  mobility  status  of 
patients.  
As a further action physio and occupational therapist will input to patient’s discharge letter to 
record patients mobility status. 

It  was  accepted  that  a  follow  up  appointment  should  have  been  arranged  for  the 
deceased after discharge and there was no explanation for why this was not arranged. 

The accountable doctor, 
 accepts that the lack of a scheduled follow up appointment 
was an error on his part. A discharge process is in place to include scheduling a follow up 
appointment  for  every  patient  (if  required)  and  confirmation  is  documented  in  the  patient 
records.  To  ensure  compliance  with  this  process  regular  ward  audits  will  be  completed  to 
provide assurance. 

The treating consultant physician expressed considerable doubt as to the quality and 
accuracy  of  radiological  reporting  provided  by  the  outsourced  out  of  hours  service 
(which is understood to be outside the UK) and accepted that this issue, amongst  

 
 
 
 
 
 
 
 
 
 
 www.cddft.nhs.net 

others, contributed to his doubt that the deceased had sustained a fracture. The Inquest 
heard that there was no ability to discuss the findings with the reporting radiologist. 

The  Trust  acknowledges  that  there  may  be  occasions  when  contacting  the  out-of-hours 
radiologist proves challenging. In such cases, the duty radiologist should be contacted as the 
next point of escalation. 
To ensure all clinical teams are fully informed of this protocol, a flow chart detailing the contact 
process  has  been  circulated.  This  has  also  been  shared  directly  with  the  orthopaedic 
consultants to support consistent application across relevant departments. 

Conclusion 
We trust that the responses detailed in this letter are sufficient to address the concerns you 
have highlighted. However, please feel free to contact us if you need any additional information 
or have further queries. 

Yours sincerely 

Executive Director of Nursing  

Executive Medical Director  

cc.  

, CEO  

, Associate Director of Nursing, Patient Safety and CNIO

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