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University Hospitals Sussex NHS Foundation Trust

P-001066 · Report · Decision date: 10 May 2021 · View University Hospitals Sussex NHS Foundation Trust scorecard
Diagnosis Hospital acquired infection / healthcare-associated infection Delayed Recognition of Deterioration No person-centred care
Complaint (AI summary)
Mrs E complained the Trust left her for 12 days without treatment for shortness of breath and discharged her too soon. She also alleged her leg wound was left untreated, leading to MRSA.
Outcome (AI summary)
Complaint upheld in part. The Trust wrongly discharged Mrs E, delaying her treatment and recovery. However, no evidence showed her leg wound was left exposed or when she contracted MRSA.

Full decision details

The Complaint

4. Mrs E complains that Brighton and Sussex University Hospitals NHS Trust (the Trust) left her for 12 days without treatment. She says she experienced shortness of breath on 21 June 2018 and she did not receive a CT scan until 5 July which confirmed she had a compressed lung. She complains that whilst she was a patient at the Trust it left her leg wound uncovered and untreated for several hours and she contracted MRSA.

5. Mrs E says the treatment she received for her lung, and the MRSA, impacted her recovery. She now suffers from shortness of breath. She says that her leg has suffered permanent nerve damage and the scarring has affected her confidence. She has lost faith in the NHS.

6. Mrs E would like acknowledgement of failings, service improvements and a financial remedy.

Background

7. In 2013 Mrs E suffered from a myocardial infarction (heart attack) and was treated with a stent inserted into the right coronary artery.

8. On 12 May 2018 Mrs E was admitted to the Trust with chest pain. It diagnosed her with acute coronary syndrome.

9. On 21 May Mrs E underwent a double heart bypass. The Trust discharged her on 31 May 2018 with a course of antibiotics.

10. On 21 June she presented to her GP with shortness of breath. The GP arranged blood tests and referred her to the Emergency Department (ED) at the Trust. The Trust arranged a chest X-ray, blood tests and asked for a cardiac review. It assessed and discharged Mrs E the same day. The Trust arranged a follow up cardiac clinic appointment for three weeks’ time.

11. On 3 July Mrs E was readmitted to the Trust as she was suffering from shortness of breath. It conducted a CT scan on 5 July and diagnosed her with a compressed lung.

12. On 15 July Mrs E was transferred to another Trust (not part of this complaint) to drain and re-expand the compressed right lung. While she was at the second Trust it confirmed she had MRSA. Methicillin-resistant Staphylococcus aureus (MRSA) is an infection caused by Staphylococcus bacteria.

Findings

21 June admission

16. Mrs E says that on 21 June she experienced shortness of breath. She attended her GP practice and it referred her to the Trust. Mrs E is concerned that the Trust assessed her and discharged her home the same day. She says that 12 days after she was readmitted to the Trust and it conducted a CT scan. This scan confirmed she had a compressed lung.

17. The Trust said that when Mrs E presented to the ED on 21 June, an ED Associate Specialist reviewed her. They noted Mrs E’s recent bypass, her blood test results and a chest X-ray and referred her to the cardiothoracic team.

18. In reviewing Mrs E’s records, we can see that her chest required drainage following bypass surgery on 21 May. On 29 May, the Trust prescribed antibiotics as it was concerned, she could develop an infection. A CT scan conducted on the same day identified a haemothorax. This is a collection of blood in the space between the chest wall and the lung. On 31 May 2018, the Trust discharged Mrs E with further antibiotics. This shows that Mrs E was not responding to antibiotics or chest drainage.

19. British Thoracic Society pleural disease guideline 2010 says:

‘Patients with persistent sepsis and a residual pleural collection should undergo further radiological imaging.

In patients who do not respond to antibiotics and chest drainage with ongoing signs of sepsis in association with a persistent pleural collection, the diagnosis should be reviewed and a further chest x-ray and CT scan or thoracic ultrasound performed.’

20. We sought clinical advice on the visit to the ED. Our cardiology adviser said the clinical and X-ray findings on 21 June show possible residual pleural collection. This is a build-up of excess fluid on the lungs. Guidance says that patients with persistent sepsis, and a build-up of fluid on the lungs should undergo further radiological imaging.

21. The Trust should not have discharged Mrs E from the ED on 21 June. It should have admitted her for a CT scan. This would not have necessarily taken place on 21 June, but within one to two days of this date. We can say that if the Trust had conducted a CT scan earlier it would have confirmed the diagnosis of compressed lung earlier.

22. We understand how unwell Mrs E was at this admission and how concerning it must have been for her to be discharged when she was experiencing difficult symptoms. We have seen evidence that Mrs E was suffering from persistent pleural collection. This means the Trust should have conducted further investigations in line with guidance. We view the Trust’s decision to discharge Mrs E without further investigation on 21 June as a failing.

23. We next considered the impact this failing had on Mrs E. She said her treatment impacted her recovery and she has lost faith in the NHS.

24. We asked our cardiology adviser how the Trust’s decision to discharge Mrs E would have affected her. Our cardiology adviser explained that if the Trust had conducted a CT scan at the admission on the 21 June, or the following days. It would have likely found a compressed lung and the Trust could have started treating Mrs E up to 18 or 19 days earlier.

25. There are two procedures to re-expand a collapsed lung. A surgical approach called a thoracotomy or a less invasive ‘keyhole’ procedure called a video-assisted thoracoscopic surgery (VATS). The records show that Mrs E had a VATS, the less invasive treatment. Our adviser said that older, more advanced pleural collections with more scarring usually require a thoracotomy.

26. This means the delay in diagnosis did not affect the treatment Mrs E received, only when she received it.

27. In our work we have seen the Trust should have carried out a CT scan on 21 June or on the following days. It is likely that if the Trust carried out the CT scan around 21 June it would have been able to diagnose Mrs E with a compressed lung earlier and treatment could have commenced earlier. We did not see evidence that this delay meant that Mrs E needed to undergo a more invasive treatment.

28. We can conclude that the delay in diagnosis meant that treatment was delayed by 18 to 19 days, which impacted her recovery. We can understand that the Trust’s actions would cause Mrs E to lose faith in the NHS. We uphold this complaint.

MRSA

29. Mrs E says that when she was an inpatient at the Trust it left her leg wound exposed. She says it swabbed the wound during the admission and it told her there was no infection. However, when she was admitted to another Trust her leg was swabbed and it tested positive for MRSA.

30. The Trust has said that unfortunately it is very common for patients to acquire this type of infection whilst admitted to hospital. It said it is very difficult to explain how or when it was contracted.

31. Department of Health guidance says:

‘Trusts should identify and screen patients in high MRSA risk specialties. High risk specialties is defined as vascular, renal/dialysis, neurosurgery, cardiothoracic surgery, haematology/oncology/bone marrow transplant, orthopaedics/trauma, and all intensive care units (adult/paediatric ICUs, Neonatal Intensive Care Units, High dependency units, Coronary Care Units).’

32. Trust guidance on MRSA screening says: ‘Screening involves taking two painless swabs, one from inside your nose and one from your groin. These are the areas of the body where the MRSA is most likely to be found. The swabs are generally taken by a nurse but if you wish to and are able you can do your own swab. The swabs will be sent to the hospital laboratory to see if MRSA is present - it can take up to five days to get the results.’

33. On admission the Trust swabbed Mrs E’s nose and groin for MRSA, the results were negative. This is in line with Trust guidance.

34. When the Trust admitted Mrs E in July, she had a wound on her right leg from previous surgery. On 6 July, the records say the wound looked ‘sloughy’ and Trust staff thought it could be infected. It took a swab of the wound to see if it was infected. The swab results did not identify a bacterial infection. The records show that the Trust did not swab Mrs E for MRSA again between 3 and 15 July.

35. When the second Trust swabbed Mrs E on admission, MRSA was detected.

36. Our adviser explained that a positive MRSA swab result does not tell you how long the MRSA has been present for. This means we are unable to conclude when or how Mrs E contracted MRSA.

37. The records say the wound was ‘dry and intact’ or ‘redressed’ on a regular basis. In the records there are two days where the wound is not described. This is on the 4 and 5 July. However, we can see that the Trust redressed the wound on 3 July. Our adviser said that wound dressings are designed to stay on for up to seven days. We have not seen any evidence in the records to show that the Trust left Mrs E’s leg wound uncovered for a prolonged period.

38. We can understand how concerned Mrs E was to be told she had contracted MRSA. We have seen the Trust swabbed her on admission and this is in line with guidance. We have not seen any evidence that the Trust left Mrs E’s leg wound uncovered or that that this caused her to contract MRSA.

Our Decision

1. Mrs E complains about the treatment she received from the Trust when she presented to it in June 2018 with shortness of breath and a wound on her leg. We understand how concerning it must have been for Mrs E to later be told she had a compressed lung and MRSA. We found the Trust should not have discharged Mrs E on 21 June. We have found the discharge on 21 June delayed her treatment and recovery time. We have seen this would cause Mrs E to lose faith in the Trust. We uphold this complaint.

2. We did not find evidence that the Trust left Mrs E’s leg wound exposed or when she contracted MRSA. We do not uphold this complaint.

3. We recommend the Trust acknowledges the identified failings, outlines what changes it will make to prevent the failings we have identified from happening again and pay Mrs E £250 as financial remedy. We ask it to comply with the recommendations in recognition of the injustice Mrs E has suffered.

Recommendations

39. In considering our recommendations, we have referred to our Principles for Remedy. These state that where poor service or maladministration has led to injustice or hardship, the organisation responsible should take steps to put things right.

40. Our Principles say that public organisations should seek continuous improvement and should use the lessons learnt from complaints to ensure they does not repeat maladministration or poor service.

41. Our principles state that public organisations should ‘put things right’ and, if possible, return the person affected to the position they would have been in if the poor service had not occurred. If that is not possible, they should compensate them appropriately.

42. Mrs E has requested that the Trust acknowledges its failings, makes service improvements, and pay a financial remedy.

43. With this in mind, we recommend that within four weeks of this, our final report the Trust write to Mrs E, acknowledging it should not have discharged her on 21 June and a CT scan should have been completed.

44. We also recommend that within 12 weeks of this, our final report the Trust develop an action plan detailing the actions it will put in place to address the premature discharge.

45. The action plan should explain who will be responsible for each action, when it expects to complete each action, and how the Trust will check compliance. A copy should be shared with Mrs E and ourselves.

46. To determine a level of financial remedy, we review similar cases where similar injustice has arisen, along with our severity of injustice scale (our scale).

47. Our scale allows us to ensure the recommendations we make are consistence and transparent for everyone who uses our service. The figures included in the scale represents the Ombudsman’s judgement about the sort of sums that are both appropriate and proportionate for us to recommend. We do not have standard amounts that we suggest for specific failings as these may impact the person affected differently in different circumstances.

48. In this case we consider the injustice to Mrs E to be a Level 2.

49. Following this review, the organisation should, within four weeks of this, our final report, pay Mrs E £250 in recognition of its premature discharge and how this delayed Mrs E’s treatment and caused her to lose faith in the NHS.

50. This concludes our report

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