23. The first thing to establish, before deciding what staff should have done in terms of telling the family about L’s ankle sores, is what condition her ankles were in when she was discharged.
24. The records show that on 24 January 2021 there was partial thickness skin loss on her ankles.
25. Staff assessed L’s skin at 7am on 25 January, but the records do not include a body map skin assessment for that date. This means there is an incomplete picture of the condition of her ankles when she was discharged later that day.
26. L’s sister gave the Trust photographic evidence of the condition of her ankles. She did this on 26 January, within 24 hours of L being discharged. Both the Trust’s tissue viability nurse and our adviser believe the photograph shows L had developed cellulitis.
27. We note the photograph only shows the condition of L’s ankles at the time this was taken. That said, we know that L had partial thickness skin loss to her ankles on 23 and 24 January. There was no full assessment of the condition of her ankles on 25 January, but by 26 January, when the pictures were taken, we know she had most likely developed cellulitis.
28. Because of the poor record-keeping on 25 January, we are not able to say with certainty how L’s ankles looked when she was discharged. Instead, we have reached a conclusion based on what most likely happened. We have decided the condition of L's ankles at the time of her discharge was almost as severe, if not as severe, as the condition recorded the next day.
Communication
29. The NMC code says nurses should give patients and their families the information they want or need to know. Given the care needed to prevent further rubbing and look after the existing sores, we consider the Trust should have told L’s family about the issues with her ankles.
30. We have not seen any evidence that shows this was done. Mr P told us the first time he and his family were aware of the damaged skin was when L came home, and they could see this for themselves. Our decision is staff did not tell them about the problems with L’s ankles and this falls so far short of the guidance in the code, that it is a failing.
Referral to district nurses
31. The Trust’s Admission and Discharge Protocol for Patients with Learning Disabilities says the hospital discharge team is responsible for arranging the discharge. This would include making referrals to community nursing where needed.
32. The discharge team is normally a multidisciplinary team (made up of difference skilled staff), but in this context it seems more likely than not that the responsibility for making an onward referral lay with the nurses.
33. The NMC code says nurses must ‘work with colleagues to preserve the safety of those receiving care’ and ‘share information to identify and reduce risk’. The code also sets out that nursing staff should do ‘a timely referral to another practitioner when any action, care or treatment is required’.
34. In this context, we consider this means the discharge team should have referred L to the district nursing team for ongoing care for her damaged skin. This would be the case even if her ankles were not as badly affected as the photographs show. Staff knew L was at high risk of skin damage and had partial thickness loss, which would need ongoing care.
35. We have seen no evidence to suggest staff made a referral. We consider this fell so far short of what should have happened to be a failing.
Impact
36. Mr P says that because of L’s ankle sores, L’s last few days of life were more painful and distressing. We decided during our primary investigation that there were no signs that staff failed to prevent the ankle sores happening. Sadly, the sores were unavoidable. Because of this, we are mindful that sadly L would have been in some degree of pain and distress even if staff had told Mr P about her ankles and referred her to district nurses.
37. Mr P explains that district nurses saw L on the evening of 25 January after the family noticed the sores and contacted them directly. He says the nurses dressed the wounds and arranged for antibiotics to be prescribed. This was done the next day.
38. Had nursing staff referred L to the district nursing team, this may have meant L was seen by them earlier. However, as the nurses saw her quickly, an earlier referral is unlikely to mean the nurses would have come much sooner. It is not possible for us to say what difference this would have made. This means we cannot reach a firm decision on whether L could have had treatment to reduce her pain and distress at home any sooner than she did.
39. We accept that it must have been incredibly distressing and a shock for Mr P and his family to have discovered L’s skin in such a poor condition when she arrived home. Had staff told him about this as they should have, this would have been minimised to some extent, as the family would have been prepared for it. As it was, L came home with serious damage to her skin which had not been present when she left the family’s care. It is easy to see how this made the family feel as though L had not been well looked after. This was an injustice to them.
40. We are also mindful that Mr P and his family had to spend time arranging for district nurses to attend to L because of the Trust’s failure to do this. This came at a time that was undoubtedly distressing and when they wanted to be spending time with L, rather than arranging care that should already have been arranged. This was an injustice to them.