Prevention of Future Deaths reports · 2023

Lee Dryden

Regulation 28 report to prevent future deaths, reference 2025-0402, written 2 Aug 2023. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report2 Aug 2023
Reference2025-0402
DeceasedLee Dryden
CoronerAbigail Combes
Coroner areaSouth Yorkshire (West District)
CategoryHospital Death (Clinical Procedures and medical management) related deaths · Emergency services related deaths (2019 onwards)
Organisation namedYorkshire Ambulance Service NHS 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.

ANNEX A

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS (1)

NOTE: This form is to be used after an inquest.

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:

1.  Department of Health and Social Care
2.  NHS England

1

CORONER

I am Abigail Combes, assistant coroner, for the coroner area of South Yorkshire (West
District)

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 24 January 2022 I commenced an investigation into the death of Lee Dryden born on
1 January 1978. The investigation concluded at the end of the inquest on 6 July 2023.
The conclusion of the inquest was:-

Narrative Conclusion: On 16th December 2021 Lee Dryden was admitted to hospital and
suffered from a cardiac arrest. This resulted in a hypoxic brain injury and his death on
12th January 2022. Prior to the cardiac arrest it was apparent on the 15th that his
tracheotomy tube was misplaced however this was not actioned before his cardiac
arrest on 16th December 2021. His death was contributed to by neglect.

The medical cause of death was:

1a: Hypoxic brain injury
1b: Cardiac arrest
1c: Displacement of tracheotomy tube
2: Laryngeal Squamous Cell Carcinoma

4

CIRCUMSTANCES OF THE DEATH

Lee Dryden received a diagnosis of advanced squamous cell carcinoma of the voice
box. This was found by chance following a cardiac arrest. As a result of that diagnosis
he required a permanent tracheotomy whilst there were investigations undertaken about
the best course of treatment for him.

Lee was assessed as able to leave hospital with a tracheotomy whilst those
investigations were undertaken. He attended an outpatient appointment on 7 December
2021 and there were no obvious signs of difficulties with his tracheotomy. He required
further scans to look for metastases and see whether the treatment the MDT would
recommend would be surgical or chemotherapy/radiotherapy.

On 10 December 2021 Lee underwent an MRI scan which did pick up an incidental
finding of potential emphysema which was not reported. The MRI scan is not the optimal
test for picking this up and that was not the purpose of the MRI scan but the potential
presence of emphysema on 10th is relevant to later actions.

1

 On 14 December 2021 Lee had a PET scan. This scan definitively picked up the
presence of emphysema and reported that this was likely as a result of the displaced
tracheotomy tube. This scan was reported on the 15 December 2021 and the
secretaries at Barnsley Hospital ENT team were contacted by the caseworker from
Alliance Medical to notify them that there was a report being sent with a critical finding
on. There were delays in the caseworker being identified within Alliance Medical to
report the scan to the hospital.

When the email was sent from Alliance Medical to the hospital it was not flagged as
urgent however the subject line did state 'Critical findings'. The first email did not attach
the report and the secretary had to ring Alliance Medical back to request the report
which was sent a short time later. This was sent to the Consultant who had given Lee
his initial diagnosis.
Also on 15 December 2021 Lee began to feel unwell and contact his GP who believed
that Lee had a chest infection following a telephone consultation and prescribed
antibiotics. He stated that he had a low level of suspicion for the chest infection but did
not feel it was necessary to see Lee. He stated that he did not know about that Lee had
a tracheotomy although this is recorded within the clinical notes.

The Consultant at Barnsley hospital was aware of the critical findings on the scan on 15
December 2021. His initial view was that Lee should not have been allowed to leave
hospital or that this was a false positive result. He asked that the nurse, 

 try to ascertain where Lee was and sent her a text requesting her to do this.

His view in evidence was that he believed this was a false positive rather than a
displaced tube. However the text which was sent states:- 'Sorry to trouble you. It
appears on PET that Mr Dryden's tube is not in the trachea. Apparently he was allowed
to walk off the premises at NGH. Could you contact him to make sure he is o.K. And
encourage him to come in for a review/Re-siting Regards.' This text was sent at 17:49
on 15 December and was not picked up until 09:16 on 16 December 2021.

There was therefore no contact made with Lee after the scan findings.

Late on 15 December 2021 Lee's mum became so concerned about him that she rang
for an ambulance. The ambulance grading was a grade 2 which has an expected
response time of 18 minutes with a second target of 9 in 10 grade two calls being
responded to in 40 minutes. Lee's call was responded to in 2 hours and 26 minutes. This
was due to pressures on the service at the time.

This meant that Lee presented at hospital on 16 December 2021 at 00:57 and was very
unwell and required treatment for a cardiac arrest. Unfortunately they were unable to
ventilate Lee through the tracheotomy as it was not ventilating properly and therefore an
additional tube needed to be placed. As a result of the cardiac arrest Lee suffered with a
hypoxic brain injury which was ultimately the cause of his death.

The failure to take additional steps to contact Lee following the critical findings in the
scan on the 15 December 2021 amounts to a gross failure of basic care. Once the
findings were known to the consultant body, who clearly felt that Lee required eyes on
checking at that time is a basic and ongoing failure which is very very significant.

In relation to whether the failure to contact Lee following the scan results being known
by the Trust on the 15 December 2021 was causative or contributory to Lee's death in a
way that was more than minimally negligibly or trivially. Lee had evidence of
emphysema on the MRI scan on 10 December 2021. This was confirmed and attributed
to the misplacement of the tube on the 15 December 2021. Lee had therefore potentially
managed with the misplaced tube and no ill effects for a number of days. It is apparent
to me, on the basis of the evidence that the turning point for Lee was the 15th and 16th
December 2021.

Had sufficient attempts been made to contact Lee after the scan results were known on
the 15th of December 2021 he would have been seen in hospital prior to the cardiac

2

 arrest which resulted in the hypoxic brain injury. Although death did not occur for some
time after the cardiac arrest, the fatal event was effectively the cardiac arrest on the 16
December 2021.

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 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.  –

1.  There is Royal College Guidance as to how and by what means the images are
reported from external organisations such as Medical Alliance to NHS Trusts
however this appears to not be understood or embedded by NHS Trusts.

2.  The Ambulance Service graded Lee's mother's call to them on the 15th

December 2021 as a category 2 call which has two targets as described in
evidence, the first being a response time of 20 minutes call time and that 9 out
of 10 calls would be responded too within 40 minutes. Yorkshire Ambulance
Service were unable to respond to Lee's call until 2 hours and 26 minutes had
passed. Yorkshire Ambulance Service were on their highest level of escalation
at that time with significant delays at hospital handover caused or contributed to
the delay in an ambulance being available to Lee.

6

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and I believe 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 27 September 2023. 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.

8

COPIES and PUBLICATION

I have sent a copy of my report to the Chief Coroner and to the following Interested
Persons: Lee's family, Barnsley District General Hospital, Medical Alliance, Yorkshire
Ambulance Service NHS Foundation Trust.

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 other 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.

9

2nd August 2023                                                                                      Abigail Combes

3

 4

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 Dhsc (PDF)
Minister of State for Social Care 
39 Victoria Street 
London 
SW1H 0EU 

20 May 2024 

Our Ref: 

Abigail Combes  
Assistant Coroner  
South Yorkshire (West)  
Coroner’s service, Medico-Legal Centre 
Watery Street  
Sheffield S3 7ES 

By Email: 

Dear Ms Combes,    

Thank you for your letter of 2 August 2023 to the Secretary of State for Health and Social Care 
regarding the death of Lee Dryden. I am replying as Minister with responsibility for urgent and 
emergency services. Please accept my sincere apologies for the delay in responding to this 
matter. I would like to assure you that the Department is mindful of the statutory responsibilities 
in relation to prevention of future deaths reports and we are prioritising responses as a matter 
of urgency.  

Firstly, I would like to say how deeply sorry I was to read the circumstances Mr Dryden’s death 
and I offer my sincere condolences to his family. It is vital that we learn from incidents, where 
they are identified, to improve NHS care.  I am grateful to you for bringing these matters to my 
attention.  

Your report raised a concern that Royal College guidance on how external providers should 
report images to NHS trusts was not understood or embedded by NHS trusts.  I understand 
that NHS England, after also receiving your report, has written to you on the specific actions 
that have been taken or are underway to clarify guidance around imaging reports and how 
they should be shared between NHS trusts and independent sector providers.  In addition, all 
North  East  &  Yorkshire  systems  have  been  asked  for  assurance  that  national  guidance  is 
being followed.  I hope this has provided reassurance on the action being taken on this issue. 

Your report also raised concerns about response times by Yorkshire Ambulance Service NHS 
trust (YAS) including the impacts of handover delays.  I note NHS England also responded on 
the action they are taken in relation to this concern.  As the Minister responsible for urgent and 
emergency case services, I recognise the significant pressure the urgent and emergency care 
system  is  facing.  That  is  why  we  published  our  ‘Delivery  plan  for  recovering  urgent  and 
emergency care services’ which aims to deliver sustained improvements in waiting times. Our 
ambitions for this year are to reduce Category 2 ambulance response times to 30 minutes on 
average. The plan is available at B2034-delivery-plan-for-recovering-urgent-and-emergency-
care-services.pdf (england.nhs.uk)  

Your report highlights that YAS were under high demand at the time of the incident.  A primary 
aim of our delivery plan is to boost ambulance capacity. Ambulance services received £200 
million of additional funding in 2023/24 to expand capacity and improve response times, and 
we are maintaining this additional capacity in 2024/25. This is alongside the delivery of new 

1 

 
 
 
 
 
  
  
 
 
 
 
 
 
 
 ambulances  and  specialist  mental  health  vehicles.  With  more  ambulances  on  the  road, 
patients will receive the treatment they need more swiftly.    

I recognise that ambulance trusts work within a health and care system and issues such as 
delayed patient handovers to hospitals can impact on capacity and response times. That is 
why a  key  part  of the  delivery  plan  is  about  improving  patient  flow  and bed  capacity  within 
hospitals.  We  achieved  our  2023/24  ambition  of  delivering  5,000  more  staffed,  permanent 
hospital beds this year compared to 2022/23 plans, backed by £1 billion of dedicated funding, 
and we will maintain this capacity uplift in 2024/25. Further, we also achieved our target of 
scaling up virtual ward bed capacity to over 10,000 ahead of winter 2023/24, and there are 
now over 11,000 beds available nationally. We also have provided £1.6 billion of funding over 
two years to support the NHS and local authorities to ensure timely and effective discharge 
from hospital. These measures are helping improve patient flow through hospitals, reducing 
delays in patient handovers so ambulances can swiftly get back on the roads.     

Since publication of the plan, we have already seen significant improvements in performance. 
In 2023/24, average Category 2 ambulance response times (including for serious conditions 
such  as  heart  attacks  and  strokes)  were  over  13  minutes  faster  compared  to  the  previous 
year, a reduction of 27%. In the Yorkshire region, average Category 2 response times were 
over 9 minutes faster over the same time period, a 27% reduction. 

However,  I  recognise  there  is  still  more  to  do  to  reduce  response  times  further,  and  the 
Government will continue to work with NHS England to achieve this. 

Thank you once again for bringing these concerns to my attention.
Response from NHS England (PDF)
Ms Abigail Combes  
South Yorkshire (West) Coroner’s Service 
Medico-Legal Centre 
Watery Street  
Sheffield  
S3 7ES 

Coroneradmin@rctcbc.gov.uk 

Dear Coroner, 

National Medical Director  
NHS England  
Wellington House 
133-155 Waterloo Road  
London 
SE1 8UG 

england.coronersr28@nhs.net  
20 September 2023  

Re: Regulation 28 Report to Prevent Future Deaths – Lee Dryden who died on 
12 January 2022.  

Thank  you  for  your  Report  to  Prevent  Future  Deaths  (hereafter  “Report”)  dated  2 
August 2023 concerning the death of Lee Dryden on 12 January 2022. In advance of 
responding to the specific concerns raised in your Report, I would like to express my 
deep condolences to Lee’s family and loved ones. NHS England are keen to assure 
the  family  and  the  coroner  that  the  concerns  raised  about  Lee’s  care  have  been 
listened to and reflected upon.  

In your Report you raised the concern that Royal College Guidance as to how external 
organisations  should  be  reporting  images  to  NHS  Trusts  was  not  understood  or 
embedded by NHS Trusts. NHS England has undertaken or been involved in several 
initiatives and activities around imaging reports to improve processes across Trusts 
and stakeholder organisations. These include:  

•  Alerts and Notification of Imaging Reports Recommendations was published in 
October    2022  and  was  supported  by  a  Royal  College  of  Radiology  (RCR) 
hosted  webinar:  https://www.rcr.ac.uk/publication/recommendations-alerts-
and-notification-imaging-reports  

•  NHS England hosted a national webinar on 7th March 2023 with the inclusion 
of  the  above  delivered  by  the  RCR  for  NHS  services.  This  guidance  is  also 
available on the NHS England Futures website, a virtual collaboration platform 
for  NHS  staff  members  to  make  change,  improve  and  transform  health  and 
social care.  

•  The RCR have also indicated they will review the Standards for the Provision 
of Teleradiology within the United Kingdom Guidance which was first published 
in 2016. This will potentially take place next year. 

•  The Academy of Medical Royal Colleges (AoMRC) published a report on ‘Alerts 
and  notification  of  imaging  reports  –  Recommendations’  which  include 
recommendations  on  fail-safe  notification  systems.  This  was  highlighted  by 
NHS England in the January 2023 national Patient Safety bulletin and followed 
a  report  from  the  Healthcare  Safety  Investigation  Branch  (HSIB):  Failures  in 
communication or follow-up of unexpected significant radiological findings. 
•  The NHS England National Imaging Board has developed new standards for 
imaging reporting turnaround times which was published on 9th August 2023. 

                                                                                                                       
 
 
 
 
 
 
 
 
 
 
 
 
 This  Radiology  Reporting  Turnaround  Guidance  cab  be  viewed  here:  .  NHS 
England » Diagnostic imaging reporting turnaround times. To help embed this 
new guidance, a national webinar will be hosted by NHS England on Thursday 
28 September and communications will be cascaded across the NHS as well 
as to Independent Sector Providers. This will include an update in the national 
Patient Safety bulletin.  

•  NHS  England  is  also  investing  in  digital  infrastructure  to  support  Imaging 
network  development  to  enable  radiology  reporting  infrastructure  across 
constituent  providers  and  the  independent  sector  and  should  link  into  this 
infrastructure for any outsourced Radiology Reporting services. 

I acknowledge that the above activities have occurred following Lee’s death in January 
2022,  but  I  hope  they  provide  assurances  that  actions  have  been  taken  or  are 
underway to clarify guidance around imaging reports and how they should be shared 
between NHS Trusts and independent sector providers.  

My  North  East  &  Yorkshire  (NEY)  regional  colleagues  have  also  advised  that  they 
have  gone  out  to  all  NEY  systems  for  assurance  that  national  guidance  is  being 
followed  around  image  reporting.  Systems  bring  together  Nhs  organisations,  local 
authorities  and  others  to  take  collective  responsibility  for  health  and  care  planning 
services across geographical areas.  

Your  second  concern  focused  on  the  delay  in  the  Yorkshire  Ambulance  Service 
response time to the ambulance call made by Lee’s mother, which was categorised 
as a Category 2 call.  

NHS  England  recognises  the  significant  pressure  on  ambulance  services  since  the 
Covid-19 pandemic, which has seen longer response times across all categories than 
before the pandemic. That is why NHS England are focusing on improving ambulance 
performance  for 2023/24,  supported  by  the  Delivery plan  for recovering  urgent  and 
emergency care services, published in January 2023.  The plan outlines the actions 
and  steps  that  we  are  taking  across  England  to  recover  and  improve  urgent  and 
emergency  care  services,  including  improving  ambulance  response  times  for 
Category 2 incidents, increasing ambulance capacity through growing the workforce, 
speeding  up  discharges  from  hospitals,  expanding  new  services  in  the  community, 
and taking steps to tackle unwarranted variation in performance in the most challenged 
local systems. 

In July 2023, we also published a letter to Integrated Care Boards, NHS Trusts and 
Primary  Care  Networks  title  Delivering  operational  resilience  across  the  NHS  this 
winter.  This  included  focusing  on  improvements  around  Accident  &  Emergency 
handover and ambulance handover times.  

I would also like to provide further assurances on 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 preventable deaths are shared across the NHS at both 
a national and regional level and helps us 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, 

Professor Sir Stephen Powis 

National Medical Director

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