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East Suffolk and North Essex NHS Foundation Trust

P-001750 · Report · Decision date: 31 January 2023 · View East Suffolk and North Essex NHS Foundation Trust scorecard
Complaint (AI summary)
The Trust failed to include Mr K's manual handling and exercise needs in his discharge summary and care plan, leading to his deterioration and subsequent death.
Outcome (AI summary)
The ombudsman partly upheld the complaint, finding the Trust failed to fully complete the discharge summary and could not evidence sending a written care plan.

Full decision details

The Complaint

8. Mrs C complains about aspects of Mr K’s care and treatment by the Trust. Mr K sadly died of a deep vein thrombosis (DVT) and pneumonia shortly after the Trust discharged him to a home (the home) in May 2020. Specifically, Mrs C complains:

• the Trust did not include Mr K’s manual handling or exercise needs in the discharge summary it sent to the home and • the Trust did not include Mr K’s manual handling and exercise needs in the written care plan it says it sent to the home.

9. As a result, the Trust discharged Mr K to the home without written details of his manual handling and daily exercise needs. Mrs C feels this led to his deterioration and subsequent death. This caused Mrs C distress during a difficult time for her and her family.

10. Mrs C is looking for an explanation, an apology and service improvements to minimise the risk of this happening again.

Background

11. The Trust admitted Mrs C’s father, Mr K, for rehabilitation as an inpatient following a suspected TIA (a transient ischaemic attack or ‘mini stroke’ caused by a temporary disruption in the blood supply to part of the brain) on 13 April 2020. Mr K was living in a respite care home for two weeks before his admission.

12. Mr K had Lewy body dementia and Parkinson’s disease. Mr K’s legs were rigid. The Trust held a multidisciplinary team meeting (MDT) on 5 May 2020. Due to the COVID-19 pandemic, Mrs C had a conference call with the MDT to discuss Mr K’s ongoing care needs on discharge to the home.

13. On 7 May, an occupational therapist (OT) at the Trust contacted the home by telephone in readiness for Mr K’s discharge. The OT discussed Mr K’s manual handling needs and that he would need to be transferred to a seat using a hoist, and the home would need a ‘Wendylett’ sheet (slide sheet) - a sheet used to transfer and reposition patients - to help them turn Mr K over. Mr K would also need a rise and recliner chair.

14. On 8 May, the Trust discharged Mr K to the home.

15. Mr K died shortly after discharge at the home from DVT and pneumonia.

16. Mrs C first complained to the Trust in June 2020.

17. The Trust responded in July 2020. It explained a full verbal handover was completed on 7 May over the phone. The OT explained Mr K’s manual handling needs and the simple exercises to be carried out with him.

Findings

22. When reaching our decision on a complaint, we look at whether the organisation concerned has got something wrong. We do this by comparing what should have happened with what did happen. If what happened fell far short of what should have happened, we call this a failing. When we see evidence of a failing, we next look at whether that failing had a negative impact on the person in question. If we think it did, we will go on to consider what, if anything, the organisation has done to try to put things right.

Incomplete discharge summary

23. HCPC’s Standards of Conduct, Performance and Ethics state professionals must share relevant information, where appropriate, with colleagues involved in the care and treatment given to a service user and must keep full, clear and accurate records for everyone they care for and treat.

24. Mrs C complains actions agreed during an MDT were not included in her father’s discharge paperwork. She explained that during his stay, the Trust was providing physio (exercises) to her father to stop contracted joints and muscles. She says staff confirmed during the MDT the exercises would continue on his discharge to the home.

25. Mrs C explained the discharge summary did not include details of daily physiotherapy exercises or that her father would need a hoist to get out of bed. She says, as a result, the home did not have the equipment to hoist her father and was not providing her father with the daily exercises he needed.

26. The Trust acknowledged the discharge summary did not include a written care plan for meeting Mr K’s manual handling needs in the home. It explained an OT verbally notified the home by telephone, but the Trust acknowledged his ongoing care needs, such as using a hoist for transfers, using a slide sheet and using a riser and recliner chair, should also have been included in the discharge summary.

27. The Trust first responded to the issue of the discharge summary not including details of Mr K’s manual handling needs in July 2020. It explained the OT gave simple exercises over the phone to the home. It said the OT explained Mr K would need a hoist, a riser and recliner chair and a slide sheet. It explained the home said it was able to provide this for Mr K. The Trust added the care plan for manual handling and exercise programme that were discussed verbally should also have been included in Mr K’s written care plan that it sent to the home.

28. We asked the Trust for a copy of the care plan it says it sent to the home. The Trust told us on 7 May the OT and physiotherapist at the Trust undertook an assessment for seating in a riser recliner chair, deeming Mr K safe to sit in this chair. The assessment was then followed up with a telephone conversation with a staff member at the home to detail the hoisting and seating requirements. The Trust told us it does not have an electronic copy of the care plan - the written plan would have been sent with Mr K to the home.

29. To aid our investigation we sought advice from our physiotherapist adviser. We did this to help us understand whether it was appropriate for the Trust to have completed a handover to a home verbally without recording the details of what was needed for Mr K’s ongoing care in Mr K’s discharge paperwork.

30. HCPC’s Standards of Conduct, Performance and Ethics state professionals must share relevant information, where appropriate, with colleagues involved in the care and treatment given to a patient and must keep full, clear and accurate records for everyone they care for and treat. HCPC’s Standards of Proficiency say occupational therapists must keep accurate, comprehensive and comprehensible records in accordance with applicable legislation, protocols and guidelines.

31. Our physiotherapist adviser explained that while the OT communicated verbally to the home about Mr K’s ongoing needs, this was not written on the discharge summary. This is especially important because Mr K had dementia, which made communication more challenging. Mr K’s medical records contain a discharge arrangements template which had not been completed.

32. We understand how important it is all relevant information is shared with a home following discharge from hospital. We found the Trust’s discharge summary was incomplete, and the discharge planning paperwork in Mr K’s medical records was incomplete. Incomplete paperwork is not in line with the HCPC guidance we have outlined above. This is a failing.

Exercises not on the discharge summary

33. Mrs C complains that during an MDT meeting the Trust confirmed the exercises it had been giving Mr K would continue after his discharge to the nursing home. She explained to us carers at the home were not performing the exercises with Mr K. She explains this was because they were not listed on the discharge summary.

34. We have seen the Trust responded to explain although the exercises were not included in the discharge summary, an OT had given the home simple exercises to do with Mr K. They did this verbally over the phone on 7 May 2020. The Trust said this information would also have been contained within Mr K’s written care plan, which it sent to the home (with Mr K).

35. Based on the evidence contained in Mr K’s medical records, we have not identified any signs that Trust staff were doing exercises with Mr K.

36. We contacted the Trust to clarify whether staff were doing exercises with Mr K. It told us the staff did not do exercises with him.

37. This information contradicted the Trust’s initial complaint response where it explained instructions for exercises had been given over the phone.

38. We also asked the home whether it held notes or records of the Trust passing on any exercises. The home told us it does not have a record of any exercises being passed to it to complete.

39. Therefore, we have different versions of whether the Trusts therapy team were doing exercises with Mr K. In situations like this, we look at what is more likely to have happened. To consider this, we looked at Mr K’s records. For each therapy team’s recorded notes of their encounters with Mr K, there is no mention at any time of exercises being carried out.

40. If Mr K had been having daily exercises, we would have expected to have seen this information recorded in Mr K’s daily intervention records. Similarly, we looked at the notes of the MDT meeting, and again there is no mention of exercises.

41. We also considered Mrs C’s account. She told us she specifically asked at the MDT whether Mr K’s exercises would continue when he got to the home. She told us staff in the MDT told her they would.

42. We consider it is more likely than not the Trust was not providing exercises to Mr K. This is because there are no notes indicating exercises were ever carried out. We are also aware the OT no longer works at the Trust, so we have been unable to ask for their recollection of events.

43. We appreciate Mrs C firmly believes exercises were being given and were not passed on to the home. As we have not been able to substantiate this, we asked our physician adviser whether any potential lack of exercises or details about Mr K’s manual handling would have had any impact on his deterioration. We detail this further in the next section.

Mr K’s manual handling needs were not included in the written care plan

44. The NICE guidance says:

‘Give people information about their diagnoses and treatment and a complete list of their medicines when they transfer between hospital and home (including their care home). If appropriate, also give this to their family and carers.’

45. The Trust told us it has acknowledged Mr K’s manual handling needs were not included in his discharge summary. It told us they should have been in the written care plan it sent to the home.

46. We asked the Trust to send us a copy of the written care plan it says it sent to the home. The Trust told us the written copy was sent with Mr K to the home, and there is no copy of the care plan on its electronic records.

47. This means the Trust has not been able to show it sent a care plan, and it has not shown his manual handling needs were included in the care plan.

48. We have seen the Trust gave a verbal handover. We asked our physician adviser whether the Trust’s verbal handover was appropriate.

49. Our physician adviser told us it is not unusual to give a verbal handover to a home, but a written handover should also be given. This is important if a home needs to give specific care towards a patient. It is especially important if the person has dementia and is unable to engage or remember what has been happening to them before discharge.

50. Therefore, we consider there was a failing in the Trust’s communication with the home. It did not act in line with the NICE guidance outlined above because it has not been able to evidence it gave the home information on Mr K’s future treatment in written form.

Impact

51. Mrs C says the Trust’s failure to fully complete the discharge summary and send the home details of his ongoing manual handling needs led to his death.

52. We asked our physician adviser whether this would have had any impact on Mr K’s deterioration while he was in the home.

53. Our physician adviser explained the Trust’s lack of written communication would have had very little impact on Mr K’s condition. Mr K had two severe and progressive illnesses (Parkinson’s disease and dementia), which limited his ability to understand, move and interact. Sadly, Mr K died as a result of a DVT and pneumonia. We do not consider the failing we have identified (poor communication) can be linked to the injustice Mrs C has claimed.

54. Mrs C also says the events caused distress during a difficult time for her and her family. We understand learning incomplete information was given to the home would be worrying for the family. We consider the Trust’s poor record keeping likely has caused Mrs C distress and frustration. We can link this injustice to the failing we have found.

55. We asked the Trust what learning it has taken and what, if anything, it has done to address not sending Mr K’s manual handling needs to the home as part of his written care plan and what it did to address this information not being on his discharge paperwork.

56. The Trust told us its ‘Transfer of Care Hub’ now make a post discharge telephone call 24 hours after discharge. It explained this call highlights, in a timely manner, any concerns a home may have, which its staff are then able to action. The Trust told us the introduction of this telephone call means it can prevent a similar recurrence to that identified with Mr K’s care plan.

57. While we are pleased to see the Trust makes a call to a home following discharge, the evidence we have seen shows the Trust was already making follow-up calls before the complaint. Additionally, while we consider this a welcome step in the discharge process, we do not consider it addresses the failings we have identified in its poor record keeping and communication.

Our Decision

1. While gathering information and analysing evidence as part of the investigation, it has been clear to the Parliamentary and Health Service Ombudsman that Mrs C and her family have been very distressed at the sad death of her father, Mr K. Dealing with his death has been all the more difficult with their belief things could have been different if East Suffolk and North Essex NHS Foundation Trust (the Trust) had given information to the home in written form, not just verbally, and his discharge paperwork had been fully completed. We understand Mrs C’s strength of feeling on this matter and acknowledge her distress.

2. We have identified failings in how the Trust completed its discharge summary. It has not been able to give us evidence of the care plan with the manual handling needs it says it sent to the home. Specifically the Trust:

• did not complete Mr K’s discharge summary fully by including details of his manual handling needs • did not complete the discharge arrangements section in his records and • cannot give evidence a written care plan, which should have included Mr K’s manual handling needs, was sent to the home.

3. Based on Mr K’s records, we have not identified the therapy team were carrying out any specific exercises with Mr K while he was an inpatient. The evidence suggests the therapy team participated in Mr K’s manual handling and transfer needs. Therefore, we do not consider there was a failing in the Trust’s communication to the home that exercises should have taken place.

4. The Trust’s lack of effective communication regarding Mr K’s handover to the home and its incomplete discharge summary would have had no impact on the ongoing care of Mr K and his subsequent deterioration.

5. We partly uphold this complaint based on the incomplete discharge summary, the incomplete discharge planning paperwork in Mr K’s medical records and the Trust not including his ongoing manual handling needs in the care plan it says it sent to the home.

6. We consider the failings in record keeping and communication with the home likely impacted Mrs C as it caused her distress and frustration as she has been left feeling her father was not cared for appropriately.

7. While we consider the Trust has acknowledged some of its failings and taken some steps to make service improvements, we consider it could do more. We go on to discuss our recommendations in the closing section of this report.

Recommendations

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

59. Our principles say 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.

60. Within one month of the date of the final report, the Trust should:

• write to Mrs C to apologise for the failings in record keeping and communication we have identified in this report - it should send us a copy of this letter.

61. Within three months of the date of the final report the Trust should:

• devise an action plan to make service improvements in the way the Trust:

o completes discharge summaries fully with information about a patient’s ongoing care o completes the discharge planning paperwork within patient records, and o records a care plan has been sent and a copy held electronically.

62. The action plan should include the details of the person dealing with the action and a date by which the action should be completed. The action plan could include things like organising a team meeting to discuss the issues raised here to remind staff of the importance of completing discharge summaries fully. The Trust should send us and Mrs C a copy of the action plan.

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