Prevention of Future Deaths reports · 2024

Samuel Parkin

Regulation 28 report to prevent future deaths, reference 2025-0361, written 18 Jan 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report18 Jan 2024
Reference2025-0361
DeceasedSamuel Parkin
CoronerEllie Oakley
Coroner areaLondon Inner (West)
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Child Death (from 2015)
Organisation namedSt George's University Hospitals NHS Foundation Trust
Sourcejudiciary.uk record · original PDF
Responses published2

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS 
THIS REPORT IS BEING SENT TO: 

1. NHS England 
2. St George's University Hospital's NHS foundation Trust 

1

2

3

4

CORONER 
I am Ellie Oakley, Assistant Coroner for Inner West London 
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. 
INVESTIGATION and INQUEST 
On 9 October 2022 the Senior Coroner commenced an investigation into the death of 
Samuel Finlay Parkin. The investigation concluded at the end of the inquest on 6 
September 2024. The conclusion of the inquest was: Samuel Finlay Parkin died from 
hypoxic brain injury following a cardiac arrest caused by midgut volvulus which 
occurred due to an undiagnosed malrotation which had been present from birth. The 
treating clinicians' analysis of Sam's symptoms and false reassurance from the result 
of an ultrasound meant further tests which could have diagnosed malrotation were not 
carried out, leading to a misdiagnosis. The undiagnosed malrotation was therefore not 
surgically treated. The malrotation caused the volvulus to occur. Had the malrotation 
been operated on it is likely that the death would not have occurred. 
CIRCUMSTANCES OF THE DEATH 
Sam died on 16 September 2022 from hypoxic brain injuring following an out of 
hospital cardiac arrest on the night of 13-14 September, caused by midgut volvulus. 
The volvulus occurred due to Sam having an undiagnosed malrotation, which had 
been present since his birth. Sam was seen on multiple occasions at St George's 
hospital over the course of his life —  in the Emergency Department in 2013, 2015 and 
2016 and as an outpatient in 2016 and 2022. The only time malrotation was listed 
within the notes as a potential diagnosis was in the ward round notes from his 
admission in 2015. An ultrasound was done in 2015 but not an upper GI contrast, or 
Barium, study. The ultrasound request (in 2015) from the surgical team did not 
mention malrotation as a possible diagnosis. The ultrasound report noted that the 
SMA/SMV axis was normal, but did not comment specifically on malrotation. The 
evidence of the Radiologist, Paediatric Gastroenterologist and expert witness (a 
Consultant Paediatric and Neonatal Surgeon) was clear that ultrasound cannot 
exclude malrotation. The clinicians who treated Sam gave evidence that their level of 
suspicion for malrotation was low. Sam was misdiagnosed. Having considered the 
evidence, including the opinion of the expert witness, I found that the repeated nature 
of Sam's symptoms (in particular, vomiting which was sometimes green and severe 
abdominal pain) over a number of years meant that an upper GI contrast study should 
have been carried out to look for malrotation. As is set out in the conclusion, had that 
test been conducted it is likely that it or further tests (if the barium study had been 
equivocal) would have identified the malrotation and it would have been treated 
through surgery, thereby significantly reducing the risk of volvulus and Sam's ultimate 
death. The evidence also showed that Sam's parents were not given sufficient safety 
netting advice which meant that, due to the misdiagnosis and the 
information/reassurance that they had received over a number of years of bringing 
Sam to hospital, they did not bring Sam into hospital earlier when he was, unbeknown 
to them, suffering from the volvulus that proved to be fatal. 

The medical cause of death on the Medical Certificate of Cause of Death was: 
1a Hypoxic Ischaemic Encephalopathy 
1 b Cardiac Arrest 
1c Midgut Volvulus 

 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. St George's have noted a number of learning outcomes in the course of their 
M&M process and the Child Death Analysis Form. Whilst I heard evidence of 
training and informal discussions amongst colleagues both at St George's and 
regionally, I consider that action is required to ensure that those learning points 
are formally considered and disseminated throughout St George's and more 
widely in the NHS. 

2. In the course of the evidence it became clear that the inclusion of a comment 

in the ultrasound report that the SMA/SMV axis was normal gave false 
reassurance regarding malrotation. The consultant paediatric radiologist was 
clear that she was not looking for malrotation on the USS (as it was not listed 
as a potential diagnosis on the ultrasound request), that USS cannot be used 
to exclude malrotation and that noting that the axis was normal was simply a 
comment on the anatomy seen and was not the radiologist providing 
information relating to whether or not malrotation was present. It is recorded in 
the notes of the M&M meeting which took place following Sam's death and in 
the evidence that I heard, that although clinicians understood that USS is not 
the diagnostic test for malrotation and that malrotation will not be seen on an 
USS in circa 25% of cases, the recording of the axis being normal gave a false 
reassurance. St George's has changed their practice of reporting of USS to 
avoid potential confusion in the future. I consider action is required to ensure 
proper understanding of the limitations of USS in looking for malrotation, in 
particular in older children, and to avoid any similar confusion regarding the 
reporting of USS both in St George's and across the NHS. 

3. Following Sam's death, St George's has reduced the "threshold" for requesting 
of upper GI contrast studies in intermittent abdominal pain and intermittent 
vomiting. Given the serious nature of the potential risk that malrotation carries 
(namely of volvulus occurring) I consider action is required across the NHS, 
following St George's lead, to ensure that the symptoms of and diagnostic tests 
for malrotation, particularly in older children is understood. Where the learning 
in St George's is informal, I consider action is required to ensure that formal 
learning takes place within St George's. 

4. St George's has implemented a change in `safety netting' advice for those with 
what is thought to be benign abdominal conditions from Paediatric ED (using 
QR codes), from wards and outpatient clinic. Advice is give in writing that 
"benign abdominal diagnosis" does not exclude conditions requiring urgent 
surgical/ medical review. This action has been taken for the reasons set out 
above and action should be taken to ensure the wider NHS considers this 
learning point. 

5. One of the learning actions taken by St George's is that re-referrals to 

gastroenterology are reviewed by another consultant in order that a fresh 
assessment/second opinion may occur, followed by an MDT discussion and 
the option of transferring back to the original consultant. St George's feels this 
may help increase the detection of atypical/unusual presentation of GI 
conditions, including a later presentation of malrotation. Action is required so 
that this learning point is considered across the NHS. 

6. The evidence before me suggested that there may have been a 

miscommunication or misunderstandings between the surgical, paediatric and 
paediatric gastroenterology teams regarding what had and had not been 
considered and excluded by each during Sam's admission in 2015. In 

 particular, St George's written answers to Mr and Mrs Parkin's question 
regarding whether there was miscommunication between the treating clinicians 
was simply "yes". St George's has therefore implemented an inpatient (written) 
referral form to the GI service. Action is required by St George's and the wider 
NHS to consider/implement ways to minimise the possibility of 
miscommunication between teams/in referrals of all disciplines. 

ACTION SHOULD BE TAKEN 
In my opinion action should be taken to prevent future deaths and I believe you have 
the power to take such action. 
YOUR RESPONSE 
You are under a duty to respond to this report within 56 days of the date of this report, 
namely by 11 November 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 
I have sent a copy of my report to the Chief Coroner and to the following Interested 
Persons: 

Mr and Mrs Parkin (Sam's parents) 
St George's University Hospitals NHS Foundation Trust. 

I have also sent it to NHS Scotland, NHS Wales, Health and Social Care Northern 
Ireland and Royal College of Paediatrics and Child Health, who may find it useful or of 
interest. 

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. She may send a copy of this report to any person who she 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. 
16 September 2024 

Signature: 

Ellie Oakley 
Assistant Coroner for Inner West London

Responses

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.

Response from NHS England (PDF)
NHS 
England 

Ms Ellie Oakley 
Assistant Coroner 
Inner West London Coroner's Court 
33 Tachbrook Street 
London 
SW1V 2JR 

National Director of Patient Safety 
NHS England 
Wellington House 
133-155 Waterloo Road 
London 
SE1 8UG 

6 November 2024 

Dear Coroner, 

Re: Regulation 28 Report to Prevent Future Deaths — Samuel Finlay Parkin who 
died on 16 September 2022. 

Thank  you  for  your  Report  to  Prevent  Future  Deaths  (hereafter "Report")  dated  16 
September  2024  concerning  the  death  of  Samuel  Finlay  Parkin  on  16  September 
2022. In advance of responding to the specific concerns raised in your Report, I would 
like  to  express  my  deep  condolences  to  Samuel's  parents  and  loved  ones.  NHS 
England are keen to assure the family and the Coroner that the concerns raised about 
Samuel's care have been listened to and reflected upon. 

in  older  children.  You  also  raised 

Your Report raised concerns over the understanding of limitations in using ultrasound 
to diagnose or rule out malrotation, and the threshold for additional diagnostic tests, 
there  may  have  been 
particularly 
miscommunication  between  the  surgical,  paediatric  and  paediatric gastroenterology 
teams. My  response  to  the  Coroner focuses  only on  the  relevant national  policy  or 
programmes that sit within NHS England's remit. NHS England's National Specialty 
Adviser for Gastroenterology, Hepatology and Nutrition has been consulted on your 
Report and has contributed to this response. 

that 

Contemporary data suggests that the sensitivity of ultrasound to detect malrotation is 
around 95%. Standard practice is considered to be a  barium study (a type of x-ray / 
imaging test to examine the oesophagus and stomach), performed to provide further 
evidence  with  regards  to  the  diagnosis,  although  this  is  also  unable  to  detect 
malrotation in all cases. As such, it is crucial to ensure that there is joined up working 
between  gastroenterologists  and  surgical  colleagues  to  ensure  that  malrotation  is 
ruled out as a diagnosis, through the use of a laparoscope (a type of keyhole surgery 
where  a  small  instrument  /  camera  is  inserted  through  the  abdomen  using  small 
incisions) where clinically indicated. 

of 

good 

The  Royal  College  of Paediatrics  and  Child  Health  have  produced  guidance  and 
examples 
opinion 
in 
(https://www.rcpch.ac.uk/resources/external-second-opinions/process)  and  note  that 
this  may  take  many forms  - including  routine  second  opinion  through  inter-hospital 
multi-disciplinary  teams  (MDTs)  or  national  advisory  panels,  or  through  individual 
consultants. 

requesting 

practice 

second 

a 

 
 
 
 
 
 NHS  England  Specialised  Commissioning  will  soon  begin  work  to  update  the 
published national service specification on Paediatric Gastroenterology,  Hepatology 
and  Nutrition  which  outlines  standards  for  specialised  paediatric  gastroenterology 
services. The updated service specification will reference the guidance produced on 
the  provision  of  second  opinions  and  will  also  ensure  that  the  importance  of 
communication  between  multi-disciplinary  teams,  including  surgical,  paediatric  and 
paediatric gastroenterology teams, is highlighted. This will include the need for multi-
disciplinary  discussion for all patients where  the  results of investigations are not as 
anticipated. 

Many  of  the  concerns  raised  in  your  Report  are  local  to  St  George's  University 
Hospitals  NHS  Foundation Trust and  their management  of Samuel's  care,  and  it  is 
appropriate that they respond to the Coroner on the matters raised. NHS England has 
been sighted on and has considered the Trust's response. We note and welcome that 
the Trust have taken a number of learnings and actions from Samuel's care, to include 
rewriting  their  local  guidance  on  the  management  of  abdominal  pain  in  children, 
holding  monthly  Paediatric  Gastroenterology  Radiology  meetings,  and  ensuring 
regular training around  the limitations of ultrasound scans  in looking for malrotation. 
We note that they are also leading on a  dedicated malrotation session at the British 
Society  of  Paediatric  Radiology.  We  refer  the  Coroner  to  the  Trust  for  further 
information. 

I would  also like  to  provide  further  assurances  on  the  national  NHS  England  work 
taking  place around  the Reports  to Prevent Future Deaths. All  reports  received  are 
discussed  by  the  Regulation  28  Working  Group,  comprising  Regional  Medical 
Directors,  and  other  clinical  and  quality  colleagues  from  across  the  regions.  This 
ensures  that  key  learnings  and  insights  around  events,  such  as  the  sad  death  of 
Samuel, are shared across the NHS at both a national and regional level and helps us 
to  pay  close  attention  to  any  emerging  trends  that  may  require  further review  and 
action. 

Thank you for bringing these important patient safety issues to my attention and please 
do not hesitate to contact me should you need any further information. 

Yours sincerely, 

National Director of Patient Safety
Response from St Georges Epsom and St Helier University Hospitals (PDF)
gesh 

NHS 
St George's, Epsom 
and St Helier 
University Hospitals and Health Group 

St George's University Hospitals 
NHS Foundation Trust 
Blackshaw Road 
London 
SW17 0QT 

Email: 

Date: 13 November 2024 

Dear Ms Oakley 

This letter is the St George's University Hospitals NHS Foundation Trust response to Matters 
of Concern 1, 2, 3 and 6 in your Regulation 28 Report to Prevent Future Deaths, dated 16th 
September 2024, following the sad death of Samuel Parkin on 16th September 2022.  The 
other Matters of Concern are directed towards NHS England, and the Trust has shared 
relevant information with the Patient Safety team at NHS England to support them in their 
response. 

As you know, after Samuel's death, the Trust identified a number of learning points through 
both our local governance processes and the multiagency Child Death Review process.  We 
believe these have strengthened our mitigations against the risk of future deaths.  However, 
having received your Regulation 28 letter, we have taken a fresh look at the measures we 
have put in place to ensure these learning points are formally incorporated into our processes 
at St George's and are widely shared across both St George's and our gesh partner site, 
Epsom and St Helier's University Hospitals NHS Trust. 

Matter 1: Action is required to ensure that those learning points are formally considered and  
disseminated throughout St George's and more widely in the NHS.  

The paediatric and radiology departments at St George's have worked together to summarise 
all the learning from Samuel's case and are presenting this formally at departmental Clinical 
Governance meetings in paediatrics, paediatric surgery and radiology.  These presentations 
will be completed by the end of January 2025. 

We have met with the clinical leads in paediatrics and radiology at Epsom St Helier Trust to 
discuss this learning and our changes in practice. They presented this to their sonographers 
and paediatric radiologists at their Radiology Quality meeting on 9th October 2024. 

1 

 
   gesh 

NHS 
St George's, Epsom 
and St Helier 
University Hospitals and Health Group 

In addition, the paediatric gastroenterology department have submitted a poster for 
presentation at the British Society for Paediatric Gastroenterology, Hepatology and Nutrition 
(BSPGHAN) in March 2025, which summarises the key factors for all paediatricians to be 
aware of regarding the risk of malrotation. 

Matter 2: Action is required to ensure proper understanding of the limitations of USS in  
looking for malrotation, in particular in older children, and to avoid any similar confusion  
regarding the reporting of USS both in St George's and across the NHS.  

The limitations of the SMA/SMV axis alone as a marker for malrotation, in particular in older 
children, are part of the shared learning being disseminated locally. This is now a regular 
topic for departmental training for paediatric radiology registrar level doctors.  The change in 
the paediatric abdominal reporting standard at St George's is formalised in local radiology 
protocols, with quality assurance through active audit of reports. This will be part of a 
presentation during a dedicated malrotation session, organised and led by the St George's 
team, at the British Society of Paediatric Radiology meeting in November 2024. 

Matter 3: Where the learning in St George's is informal, action is required to ensure that 
formal learning takes place within St Georqe's.  

The paediatric surgery department have carried out an audit of all children with malrotation 
operated on over 1 year of age across 4 surgical centres in South London and Surrey/Sussex 
to inform broader learning about this rare but important condition.  It has been presented at 
the regional paediatric surgical meeting at King's College Hospital and will be shared more 
widely via the national meeting of the British Association of Paediatric Surgeons and the 
annual meeting for the Royal College of Paediatrics and Child Health in 2025. 

The reduced threshold for considering an upper GI contrast study for intermittent abdominal 
pain and vomiting is one of our key learning points, while remaining mindful of the need to 
avoid excess exposure to radiation and limit iatrogenic harms. Informed by our audit, we 
recognise the cohort of patients to be most aware of - older children, with episodic or 
intermittent vomiting associated with abdominal pain. We have rewritten our local guidance 
on management of abdominal pain in children to include awareness of this situation and 
ensure the correct imaging is requested. The guidance is currently being ratified through local 
governance processes.  The new guideline will be reinforced through regular departmental 
teaching. 

Matter 6: Action is required by St Georqe's and the wider NHS to consider/implement ways to  
minimise the possibility of miscommunication between teams/in referrals of all disciplines.  

We recognise that communication between teams is vital in good patient care, and we fell 
short of this. 

2 

 
   gesh 

NHS 
St George's, Epsom 
and St Helier 
University Hospitals and Health Group 

The requirement for thorough, contemporaneous documentation and communication 
between teams is reinforced in our local resident doctor induction and training. We have now 
formalised written referrals to paediatric gastroenterology in the patient record and will be 
rolling this out for all specialty consult requests within the paediatric directorate, with the 
expectation that a  clear referral outcome will be formally documented. 

In addition, we now hold a monthly Paediatric Gastroenterology Radiology meeting where 
complex cases are discussed.  This is attended by consultant and resident doctors from 
paediatric gastroenterology, paediatric surgery and radiology and the outcomes of this 
meeting are recorded in the electronic patient record.  This is leading to improved 
communication between paediatrics and radiology and allows diagnostic uncertainty to be 
openly discussed. 

I hope this response provides you, and Samuel's family, with assurance that the Trust have 
taken this matter extremely seriously and that we are committed to putting these 
improvements in place and sharing our learning with colleagues across the NHS. 

Yours sincerely 

Group Chief Medical Officer 
St George's Epsom St Helier Hospitals and Health Group 

3

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