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The Dudley Group NHS Foundation Trust

P-001070 · Report · Decision date: 18 May 2021 · View The Dudley Group NHS Foundation Trust scorecard
Complaint (AI summary)
Mrs M complained there was a delay in diagnosing her father’s stroke and that morphine administration made subsequent assessment difficult, leading to a significant decline in his health.
Outcome (AI summary)
Complaint partly upheld. There was a delay in diagnosing and treating Mr I’s stroke, causing missed opportunities for time-limited treatments and distress, though a different clinical outcome wasn't proven.

Full decision details

The Complaint

3. Mrs M complains on behalf of her late father, Mr I. Mrs M complains that between 4 and 5 February 2019 there was a delay in diagnosing Mr I’s stroke. Mrs M also complains that on 4 February 2019, 6mg of morphine was administered to Mr I in one dose, which made subsequent assessment of his condition very difficult.

4. Following discharge from the Trust after this admission, Mr I required around the clock care. He resided in a care home and spent most of his day in bed. Mrs M says he could no longer attend to his own personal care and he lost his mobility and his dignity. Mrs M tells us this was very distressing and had a huge impact on his three children, who witnessed his deterioration.

5. As outcomes to her complaint, Mrs M is seeking an acknowledgement of the failings in Mr I’s care and service improvements.

Background

6. Mr I was a 78-year-old living with his two sons at the time of these events. He had a history of type 2 diabetes, bladder cancer, hyperthyroidism, and asthma. Prior to his stroke, we understand that Mr I was independently mobile and was usually independent with all personal care, transfers, and meals. On 4 February 2019, he was seen by his family at 3:20pm and they found him on the floor approximately one hour later where he appeared to have collapsed. They called an ambulance and he was transported to hospital where his care was handed over to the Emergency Department (ED) staff.

7. The ambulance notes tell us that the family called 999 at 4:20pm and the ambulance was on scene at 4:58pm. The notes also state that Mr I was FAST positive with arm and leg weakness and a right-sided gaze. The ambulance notes state that the handover from ambulance staff to ED staff took place at 6:25pm. However, ED triage notes indicate that the triage began at 6pm, at which time Mr I was noted to be FAST positive and intermittently confused. A CT head scan and CT spine scan were requested as urgent at 6:03pm. From the CT head report, it appears this was reported on at 6:57pm.

8. At 8:35pm on 4 February 2019 one of the ED consultants prescribed paracetamol, ondansetron and morphine. The CT results were reviewed and staff concluded they did not show any evidence of a stroke or haemorrhage. At 9:10pm a specialist referral to the stroke team was made with a request for Mr I to be seen as soon as possible due to a ‘left sided cerebrovascular accident (CVA)’. CVA is the medical term for a stroke. The notes tell us that a decision to admit was made at 10:44pm, although the notes do not tell us if the decision was made to admit Mr I specifically to a stroke ward.

9. The ED discharge notes tell us that Mr I was medically discharged from the ED at 9:10pm on 4 February 2019 but did not leave the department until 5 February 2019 at 5:06pm. At that time he was transferred to the Early Assessment Unit (EAU). The EAU is a ward which is linked to the ED, but functions as a separate department. The role of the EAU and Acute Medical Unit (AMU) is to provide the patient with initial assessment, investigation, and treatment for admissions with medical problems.

10. At 10:45pm on 4 February 2019, i.e. the night prior to his transfer to the EAU, Mr I was assessed by one of the ED doctors. The notes suggest at this time Mr I explained that he had got up from the sofa too quickly and fell onto his right side. He was complaining of right shoulder pain. The doctor noted that Mr I had ‘just had IV morphine’ and that he was not co-operative with the examination.

11. The plan was for Mr I to have his observations done every four hours, and to be assessed once the morphine had worn off. The doctor concluded that Mr I may have had concussion, or a reaction to the fall, and advised he would need to see how Mr I behaved once the morphine had worn off. The diagnosis at this time was recorded as possible concussion or a reaction to the fall.

12. At 8:52am on 5 February 2019, a different doctor assessed Mr I. The notes suggest that he had a full range of movement in his right shoulder but was in pain. It was also recorded that he was drowsy due to morphine. The diagnosis was recorded as a musculoskeletal injury and fall. A plan was made for an impact assessment, for analgesia to be given and for a shoulder X-ray to be carried out.

13. At 11:04am on 5 February 2019 it is noted that Mr I had undergone a right shoulder X-ray, but he was recorded as being very drowsy and unable to stand. At 11:31am on 5 February 2019, an Occupational Therapy Assistant Practitioner (OT) saw Mr I and it is noted that Mr I was not alert and was very drowsy. The OT noted that she alerted the doctor and advised a therapy assessment was not appropriate due to his presentation. A doctor’s review was requested.

14. The ED notes suggest that a handover took place at 2:14pm. We can see a patient transfer checklist from 5:52pm on 4 February 2019 which tells us Mr I was transferred from the ED to Acute Medical Unit (AMU1). At this time, it appears no major concerns were noted. However, there are conflicting entries in the records as there is also an entry which says Mr I was not transferred to AMU1 until 5:15pm on 5 February 2019. This is supported by a nursing entry at 6:50pm on 5 February 2019 which tells us Mr I had been admitted to AMU1. He was presenting as very drowsy and unable to move his left arm or leg. The nurse asked a doctor to review Mr I as soon as possible due to concerns about his presentation.

15. There is a record of an assessment undertaken by two doctors, however the time of this assessment is not noted. The doctors have recorded that they were asked to see Mr I due to paralysis of his left arm. Mr I was noted as responding to voices. The doctors noted that he had a flaccid left arm and leg with no power, and his head was turned to his right side. The clinical impression at this time was a right-side stroke. A plan was made for an urgent CT head scan. If no haemorrhage was spotted, Mr I was to be given aspirin and Clopidogrel (a blood thinner). The doctors noted they had spoken to the stroke nurse, who was aware of Mr I’s condition.

16. A second CT head report was created at 8:35pm on 5 February 2019. The notes do not indicate when this second scan took place, and as there is no time recorded for the assessment outlined above, we cannot give any view as to when the scan was requested or performed. However, the nursing entry which requested the doctor’s review was at 6:50pm on 5 February 2019, which indicates to us that the scan was likely performed between 6:50pm and 8:35pm.

17. There is a patient transfer checklist from 9pm on 5 February 2019 which tells us Mr I was transferred from AMU1 to C8. Ward C8 is in the stroke unit. The transfer noted that staff were awaiting the report of the second CT head scan and there was a stroke review planned. It is also noted that Mr I required PR aspirin (PR refers to medications administered per rectum) as it had just been prescribed, however it is recorded that the ward did not stock it.

18. There is an entry in the records at 2:18am on 6 February 2019. It is recorded that Mr I had been handed over to the night team to chase the second CT head scan. This showed evidence of a right cerebral stroke without haemorrhage. Aspirin was prescribed and it is noted this was awaiting administration. The specialist registrar (SPR) noted Mr I had also been prescribed Clopidogrel and the notes indicate this was given straightaway. Aspirin was administered at 7am.

19. Mr I remained in hospital for three weeks, receiving care and treatment for his stroke. He was discharged to a care home on 26 February 2019. Mr I’s discharge summary tells us that whilst an inpatient he became dependent on oxygen due to a complete collapse of his left lung. His family tell us that his mobility and independence had by then significantly deteriorated, and they consider this to be due to delays in diagnosing and treating his stroke on 4 and 5 February 2019, prior to his diagnosis and treatment on 6 February 2019.

Findings

23. The evidence we have considered leads us to the view that there were aspects of Mr I’s care which were not managed appropriately and in line with the standards set out above. In addition to this, there is a lack of thorough documentation in the medical records which makes it challenging to reach a view on the balance of probabilities as to what happened at certain points in the care and treatment given.

24. The National Clinical Guidelines for Stroke (2016, 3.1.1 A, B) tell us that patients seen by ambulance clinicians outside hospital with a sudden onset of focal neurological symptoms should be screened for stroke or Transient Ischaemic Attack (TIA) using a validated tool, and those people with persisting neurological symptoms who screen positive should be transferred to a hyperacute stroke unit as soon as possible. Patients who are negative when screened but in whom stroke is still suspected should be treated as if they have had a stroke until the diagnosis has been excluded by a specialist stroke clinician.

25. NG128 advises that for patients who are admitted to the ED with a suspected stroke or TIA, clinicians should establish the diagnosis rapidly using a validated tool, such as ROSIER (Recognition of Stroke in the Emergency Room) (1.1.3).

26. As we can see from the background of events, Mr I was identified as being FAST positive by the ambulance clinicians. This was again noted during the initial ED triage. The advice we have received confirms that there was sufficient evidence upon Mr I’s arrival to the ED to regard his presentation primarily as an acute stroke. As such, the stroke team should have been alerted at the time of his arrival in the ED and Mr I should have been transferred to the stroke unit as soon as possible. This did not take place and so we consider this is a failing. This is because although Mr I arrived at hospital and was triaged just after 6pm, a referral was not made to the stroke team until 9:10pm. We cannot see they were alerted to his presence at the time of arrival. Additionally, despite the referral taking place at 9:10pm, Mr I was not transferred until the next day, and this was to the EAU instead of the stroke unit.

27. The National Clinical Guidelines for Stroke (2016, 3.4.1 A, B) advise that patients with suspected acute stroke should be admitted directly to a hyperacute stroke unit and be assessed for emergency stroke treatments by a specialist physician without delay. They should receive brain imaging urgently and at most within one hour of arrival at hospital.

28. NG128 advises that brain imaging should be performed immediately with a non-enhanced CT scan for those with suspected acute stroke where there are indications for thrombolysis or thrombectomy, indications of a depressed level of consciousness, for example where the Glasgow Coma Score (GCS) is below 13, and where there are unexplained progressive or fluctuating symptoms (1.3.2). Thrombolysis is a treatment to dissolve blood clots in blood vessels, and thrombectomy is the surgical removal of a blood clot in an artery. This is particularly important, as if provided swiftly and within a certain window of time, thrombolysis or thrombectomy can limit the long-term physical harm caused by stroke.

29. The National Clinical Guidelines for Stroke (2016, 3.4.1 D) tell us that patients with ischaemic stroke who are eligible for endovascular therapy, i.e. accessing arteries and veins with catheters, should have a CT angiogram from aortic arch (part of the body’s main artery) to skull vertex (the top of the head) immediately. A CT angiogram is where contrast materials are inserted into the blood vessels so that clinicians can visually identify any problems. However, this should not delay the administration of intravenous thrombolysis.

30. We have considered the above guidelines and reviewed the ED triage records. However, there is no documentation of what discussions or actions were held with the stroke nurse or team to address the suspicion of stroke urgently.

31. Mr I’s ED records show us that his consciousness was fluctuating on the GCS between 13 and 14. In line with this guidance, it was appropriate for the ED team to request a CT head scan and CT spine scan at 6:03pm. We can see that this was performed promptly and within one hour of Mr I’s arrival at hospital. The CT scan was reported on at 6:57pm. The guidelines suggest that scanning should be performed immediately, and as they refer to immediate scanning the results should also be reviewed without delay. The results were not reviewed until 8:35pm, which is a considerable delay and so significant as to be a failing in our view. At that time, the results did not show any evidence of a stroke or haemorrhage.

32. Despite this, Mr I should have still been treated as having had a stroke as per the National Clinical Guidelines for Stroke quoted above (2016, 3.1.1 B), as the diagnosis had not been excluded by a specialist stroke clinician.

33. We understand that Mr I should have been reassessed following the results of the CT scan and, upon review, a focused clinical history and examination should have been performed and recorded. This would have assisted our understanding of the events and would have allowed us to more fully determine what would likely have happened next if the stroke team had been called. In our view, lack of reassessment and examination following the CT scan is a failing.

34. The National Clinical Guidelines for Stroke (2016, 3.5.1 A, B) tell us that patients with acute ischaemic stroke, in whom treatment can be started within three to four and a half hours of known onset, should be considered for treatment with alteplase (a drug administered as part of the thrombolysis process which dissolves the blood clot.. The NIHSS (National Institutes of Health Stroke Scale) score should be calculated to determine if patients can be considered for combination intravenous thrombolysis and intra-arterial clot extraction. Further to this, patients with acute ischaemic stroke should be given 300mg aspirin as soon as possible but certainly within 24 hours, unless contraindicated (NG128 1.4.9). We have not seen that any NIHSS score was calculated or that aspirin was prescribed at this time.

35. It is possible that at this time, Mr I may have been a candidate for intravenous thrombolysis with alteplase. This is a time critical treatment with a maximum time of 4½ hours, at which point it will no longer be effective (NG128 1.4.1). We do not know if such treatment options were considered, as there is a lack of documentation of Mr I’s examinations and neurological condition. However, the fact that there was a delay in reviewing the CT scan results also meant that time was lost to consider critical treatment options. The Trust has explained that there were significant pressures and high demand within the ED on this day, and we understand this likely contributed to some delay in diagnosis. However, we are not satisfied that this accounts for all of the delay due to the lack of reassessment and examination following the CT scan.

36. We understand that if Mr I’s NIHSS was 4 or more but less than 25, he should have been offered thrombolysis. From the records we have, we have been unable to determine if this was indicated. If it was, thrombolysis could and should have been offered by 8:50pm at the latest. This would have been 4 ½ hours after the onset, which we understand was between 3:20 and 4:20pm. We are aware that the efficacy of IV thrombolysis is time critical but is also dependent on age and NIHSS score. The NIHSS score was not measured and because the records are poorly completed it cannot now be calculated retrospectively.

37. If his NIHSS had been calculated and found to be less than 4 or improving, thrombolysis would not have been offered due to the risk of internal bleeding. In this situation NG128 recommends immediately starting aspirin 300mg daily. We understand that in a review at 8:52am, the doctor did not find a focal neurological deficit (though it is noted Mr I was drowsy and the reason for this was not explored further). A focal neurological deficit is a problem with nerve, spinal cord, or brain function. Based on this review, it is more likely that the NIHSS could have been less than 4 or improving and if this was the case, 300mg of aspirin should have been given in the evening of 4 February 2019 to aid in the prevention of stroke recurrence.

38. A study by Rothwell et al suggests it takes 24 hours for aspirin to effectively reduce the risk of stroke by more than 50%. As such, it is likely that if aspirin had been given between 7-8pm on 4 February 2019 it would not have prevented what appears to be a second onset of symptoms on 5 February 2019. Due to the poor record keeping, we cannot determine if Mr I suffered from a second stroke in the evening of 5 February 2019 as we do not have a clear timeline of his symptoms between the onset on 4 February 2019 and the review in the evening of 5 February 2019, the time of which has not been recorded in the records.

39. Although there was a review at 10:45pm on 4 February 2019, the neurological findings were not recorded. It is noted that Mr I was drowsy, and this is attributed to the administration of morphine. The dose of morphine was prescribed at 8:35pm. However, the records suggest to us that it was not administered until 11:10pm. Therefore, the conclusion drawn in this review does not appear to be supported by the medication charts.

40. In addition to this, based on the advice we have received, we consider the review at this time was inadequate. The doctor has not recorded any neurological examination and given the fact that Mr I was recorded as FAST positive in the triage records, there should have been a follow up of these symptoms. The doctor noted that the diagnosis was possibly concussion in reaction to the fall, and despite Mr I’s symptoms of stroke no alternative diagnosis was considered. The National Clinical Guidelines for Stroke (2016, 3.10.1) tell us that patients with acute stroke should have their clinical status monitored closely, including their level of consciousness, blood glucose, blood pressure, oxygen saturation, hydration and nutrition, temperature, and cardiac rhythm and rate.

41. In the assessment at 8:52am on 5 February 2019, there is no documented clinical examination other than comments on Mr I’s right shoulder pain and drowsiness. The diagnosis given at this time was musculoskeletal (MSK) injury following a fall. There are no indications that stroke was being considered as a potential diagnosis. It is not recorded that Mr I had any weakness on one side of his body. Based on the advice we have received, it would have been appropriate and in keeping with the guidelines mentioned previously to repeat the CT head scan at this time, as there was no alternative explanation proposed for Mr I’s drowsiness and left sided weakness on 4 February 2019.

42. This review appears to compound the failings of the review at 10:45pm on 4 February 2019. There appears to be a lack of consideration of the ED records and a failure to recognise Mr I’s previous presentation as FAST positive. No neurological examination was carried out, and it is unlikely that the morphine administered on 4 February 2019 contributed to the apparent drowsiness in the morning of 5 February 2019. Based on the advice we have received, it may be the case that a stroke had already taken place by this time. This is supported by the notes of the Therapy Assistant Practitioner who reviewed Mr I at 11:30am on 5 February 2019.

43. Mr I should have been admitted to the stroke unit for observation on 4 February 2019 as this would have ensured continuity of observation by nursing and medical staff who are familiar with stroke and the relevance of a change in the neurological observations, and it would likely have been much clearer when this drowsiness began.

44. Following the assessment at 8:52am on 5 February 2019, we understand Mr I should have been subject to hourly neurological observations in line with the National Clinical Guidelines for Stroke (2016, 3.10.1). We know he was drowsy, but his GCS score has not been recorded. We understand that the doctor should have been monitoring for other signs of drowsiness and carrying out further investigations into the alternative causes of drowsiness. In doing so, a further CT scan or MRI should have been arranged during the day and before the deterioration at around 7pm.

45. The medical records suggest a new onset of symptoms at 6:50pm during a nursing review, at which time Mr I was noted as being very drowsy and unable to move his left arm or leg. A later review, of which we do not know the time because it has not been recorded, did identify a focal neurological deficit and considered stroke as a possible diagnosis. It is unclear why this diagnosis could not have been made sooner on the same basis, and because of this we consider the Trust failed to suspect and diagnose the stroke at the time of admission and failed to monitor Mr I’s presentation between his admission and the evening of 5 February 2019.

46. At this time, if Mr I had no signs of focal neurological deficit, he could have been re-considered for thrombolysis. A CT scan should have been performed immediately but was not performed and reported on until 9:25pm. The records do not suggest to us that intravenous thrombolysis was considered at this time and there is no explanation of any discussion or consideration with the stroke team in the records.

47. The doctor’s notes from this review state that if no haemorrhage is present, 300mg of aspirin should be given. The patient transfer list from 9pm tells us that Mr I had been prescribed PR aspirin, but it had not been given because the ward he was on did not stock it. We can see that Mr I was reviewed again at 2:18am, at which time a definite stroke diagnosis was made. Aspirin was prescribed again at this time but was not administered until 7am, which is a considerable delay given Mr I’s diagnosis.

48. As the aspirin was administered at 7am when Mr I was on the stroke ward (C8), we can see that PR aspirin was available on this ward, despite being unavailable on AMU1. He had been transferred to this ward at 9pm on the previous evening and the transfer checklist indicated PR aspirin was required. Because aspirin is a known blood thinner, it would not have been appropriate to provide it until the results of the CT scan had been reviewed to rule out a haemorrhage (NG128 1.4.9). Had the CT scan and medical review occurred immediately after the scan was reported on, we consider aspirin could have been given much sooner. Both the National Clinical Guideline for Stoke and NG128 advise that aspirin should be given as soon as possible and we therefore consider there is a failing to provide aspirin as soon as it was clinically indicated.

49. Overall, we consider the Trust did miss opportunities to diagnose Mr I’s stroke and to put him on the most appropriate treatment pathway. It appears that this led to a delay in his diagnosis and a delay in providing appropriate care and medication. We will now consider the impact this had on Mr I and his family.

Impact

50. Following the admission Mr I required around the clock care. He resided in a care home and spent most of his day in bed. Mrs M says he could no longer attend to his own personal care and that as a consequence he lost his mobility and his dignity. Mrs M explains that this was very distressing and had a huge impact on his three children, who witnessed his deterioration.

51. We have considered if an urgent referral had been made to the stroke team at the time of admission, what difference this likely would have made to Mr I’s care and treatment pathway. Because the referral was not made, it is difficult to give any view on the balance of probabilities if this would have made a difference to the clinical outcome, as this assumes the diagnosis would have been made following the assessment. However, we can say the pathway would have been different.

52. If Mr I had been referred to and seen by the stroke team, it is likely a stroke would have been diagnosed and plans would have been made to transfer Mr I to the stroke unit directly and without delay in line with the National Clinical Guideline for Stroke 2016 (3.4.1). It is our understanding that this would have been the main difference to Mr I’s care. Having looked very carefully at the clinical evidence available to us and the independent advice we have received, we do not consider we can go so far as to say on the balance of probabilities that the delay of several hours in eventual admission to the stroke unit made a difference to the clinical outcome.

53. However, this did mean that Mr I lost the opportunity to be considered for intravenous thrombolysis on two occasions, although due to poor record keeping it is not possible to say if he would have been suitable for this treatment. In addition to this, aspirin could have been prescribed and given much sooner than it was although, again, it has not been possible to determine on the balance of probabilities what impact this had on the eventual clinical outcome, based on the evidence available to us.

54. We also explored if there were any other alternative treatments which should have been considered or provided, had a diagnosis been made in the ED. As set out earlier, for patients with ischaemic strokes who are unable to have thrombolysis, a small number can be treated by a thrombectomy. The procedure is only effective at treating ischaemic strokes caused by a blood clot in a large artery in the brain and is most effective when started as soon as possible, similar to the considerations for thrombolysis.

55. The decision whether to take forward thrombectomy depends in large part on the Trust either having the capabilities to perform it or having the means of referring cases to a centre capable of doing so. We understand this would have depended on the speed of stroke diagnosis and referral, as the procedure would have needed to start within five hours of stroke symptoms starting.

56. If the stroke diagnosis had been made earlier and a large clot in the brain identified in the CT scan, a discussion should have occurred with the relevant specialists or specialist centre. However, there is no guarantee this treatment would have gone ahead or been successful and we have been unable to reach a view on the balance of probabilities in part due to the lack of observations recorded in the medical records. We can only say that taking forward this discussion would have been in line with the National Clinical Guidelines for Stroke (2016 3.5.1), whatever the outcome of that discussion might have been. Given that the diagnosis was delayed, Mr I also lost the opportunity of being considered for the thrombectomy treatment.

57. We appreciate that this was a very difficult and challenging time for Mr I’s family as they saw the deterioration in his condition from the moment he suffered the stroke and through his admission and eventual discharge to a care home. Although we have been unable to give any view on the balance of probabilities as to how the delay impacted on Mr I’s clinical deterioration, it is important to consider the emotional impact of these events and of the mistakes we have identified. Due to the delay, the family will now never know if the outcome would likely have been different, had the diagnosis been made and treatment given sooner than it was. The uncertainty and distress it caused and continues to cause to the family is an injustice.

58. We also understand that on the 4 and 5 February 2019, Mrs M tells us she was given the impression that Mr I had not suffered a stroke and she that she was told that his condition was due to a bang to the head. Although we cannot reach any robust view as to what exactly Mrs M was told, from the documentation we have reviewed it does appear that a stroke was not being seriously considered as a diagnosis. Therefore, the communication of this message to the family is likely to have caused them serious concern and frustration. Had the team identified the symptoms and followed the relevant pathway, this would have likely given reassurance to the family that the staff were concerned about Mr I’s symptoms and were considering the possibility of a stroke with appropriate urgency.

59. In its complaint response, the Trust said that staff were concerned about Mr I’s symptoms and were still considering the possibility of stroke. However, it then went on to say that there was a delay in the two CT head scans because of a change in symptoms. It explained that upon his initial presentation to AMU, Mr I did not show signs of a stroke, which was in keeping with the CT scan carried out by staff in the ED. The Trust said that there is a lack of documentation relating to the history of stroke symptoms as the doctor did not feel that Mr I had suffered a stroke.

60. We consider that this is contradictory to the first statement made, and not supported by the clinical evidence available to us, as we can see from the documentation that Mr I presented as FAST positive and the stroke team had been alerted to his condition upon admission. As such, this response does not appear to be in line with the Local Authority Social Services and NHS Complaints Regulations 2009 (the Regulations) or our Principles of Good Complaint Handling. The Regulations say that complaints should be investigated in an appropriate manner, and that the response should include an explanation of how the complaint has been considered and the conclusions reached in relation to the complaint. Our Principles explain that public bodies should be open and honest when accounting for their decisions and actions and should give clear, evidence-based explanations and reasons for their decisions. Due to the contradictory nature of the letter, we do not consider the Trust’s response to be clear and evidence-based. Although Mr I’s symptoms were being monitored initially, it appears the lack of action after his admission caused a delay in providing treatment. We consider it is likely that this contributed to the distress faced by the family.

61. We recognise that the Trust has provided an apology for the speed with which the morphine was injected and advised this would be discussed with the nurse who administered the morphine so they could reflect on this in future practice. Although we have not identified that the morphine had an impact on the examination at 10:45pm on 4 February 2019, we consider it was in line with our Principles that the Trust acknowledged and apologised for this concern.

62. The Trust has also apologised that Mr I was not referred to the stroke team more urgently after receiving the CT head scan report and that the potential diagnosis and concerns about Mr I’s symptoms were not properly communicated to the family at the time. It has acknowledged that had this been explained to the family, it may have offered some assurance that staff were concerned about Mr I’s symptoms and were considering the possibility of a stroke.

63. Whilst the Trust has acknowledged some of its errors and the impact they caused, we do not consider it has recognised the full extent of the failings we have found or fully remedied the impact we have identified.

Our Decision

1. Our findings indicate that there was a delay in diagnosing and treating Mr I’s stroke. We have not found that the administration of 6mg morphine made the assessment of Mr I’s condition on 4 February difficult as the morphine was administered after this assessment. Based on the evidence we have seen, we consider the delay in diagnosis led to a delay in providing appropriate care and medication, which meant Mr I lost the opportunity to be considered for some time-limited treatments. Although we have been unable to say on the balance of probabilities if the clinical outcome of Mr I’s care would have been different, we recognise that these missed opportunities for time-limited treatment have caused considerable distress for Mr I’s family. Our decision is to partly uphold this complaint.

2. We recognise that the Trust has already acknowledged some of the failings in care and the impact this had on Mr I and his family, however we do not consider the Trust has recognised the full extent of those failings or the impact we have identified. We are therefore making recommendations for the Trust to apologise for the impact of the failings we have found, and to develop an action plan to reduce the risk of the failings in the stroke care provided happening again.

Recommendations

64. 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.

65. We have identified that the Trust missed opportunities to diagnose Mr I’s stroke and to put him on the most appropriate treatment pathway as soon as possible. Specifically, these failings are: • The lack of timely referral to the stroke team, including the delay in transfer which took place on the next day and was to the EAU/AMU and not a stroke ward • The delay in interpreting the first CT head scan and the lack of reassessment and focused history and examination after the results of the scan were returned • The lack of calculation of the NIHSS scores and in providing 300mg of aspirin within 24 hours of Mr I’s admission

• The inadequate medical reviews on the evening of 4 February 2019 and the morning of 5 February 2019, including the lack of repeat CT head scan and lack of hourly neurological observations following the morning review on 5 February 2019

• The delay in providing PR aspirin

66. This led to a delay in diagnosis and in providing the appropriate care and medication. We have been unable to say if this would likely have made a difference to the outcome of Mr I’s condition. However, we consider it did lead to him losing the opportunity to be considered for alternative treatment. We recognise that this had a significant emotional impact on Mr I’s family, and they now have the uncertainty of whether the outcome would have been potentially different or not, had there not been a delay in diagnosis and treatment.

67. In addition to this, we have identified that the Trust’s response to the complaint was contradictory as there appears to be a period of time in which the Trust was not considering the possibility of stroke as a diagnosis. This likely added to the frustration and distress faced by the family.

68. We therefore consider the Trust should acknowledge the impact of these failings and provide a further apology to the family for the distress and worry caused within one month of receiving this report.

69. Our Principles say that public organisations should look for continuous improvement and should use the lessons learned from complaints to make sure they do not repeat maladministration or poor service. In line with this, we recommend that within three months of receiving this report the Trust develops an action plan to explain how it will make changes to avoid repeating the failings in the stroke care provided. This should identify the reason for the failings, where possible. It should explain the learning the Trust has taken from these issues; what it will do differently in the future; who is responsible and timescales for each action; and how these will be monitored.

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