NHS in England Closed After Initial Enquiries Search on PHSO website

Barking, Havering and Redbridge University Hospitals NHS Trust

P-002690 · Statement · Decision date: 11 June 2024 · View Barking, Havering and Redbridge University Hospitals NHS Trust scorecard
Treatment Treatment Treatment Communication Treatment Treatment Delayed Recognition of Deterioration Clinical negligence harms learning
Complaint (AI summary)
The Trust performed her brother's bowel resection poorly, causing a serious bleed and leak. Delays in placing a drain and identifying the leak led to his death.
Outcome (AI summary)
Complaint closed. No indications of service failure were found; the Trust managed his surgery and post-operative care in line with national guidelines.

Full decision details

The Complaint

4. Mrs S complains, on behalf of her brother Mr E, about the care provided to him by the Trust between 3 and 25 November 2022. She complains about the following aspects of his care:

• the Trust performed his bowel resection poorly on 3 November, resulting in the need for emergency surgery to stop a serious bleed and leading to an anastomotic leak • it delayed in placing a drain to remove fluid from Mr E’s abdomen, following the surgery • it delayed in identifying and treating the anastomotic leak in Mr E’s bowel.

5. She says these errors caused her brother’s condition to deteriorate and led to his death. She says this caused him suffering and was incredibly distressing for her as she was very close to her brother.

6. Mrs S would like the Trust to acknowledge its mistakes and apologise for the impact these had. She would also like the Trust to make improvements to its services to prevent this happening again, and compensate her for the distress caused by its actions.

Background

7. Mr E was a 59-year-old man with a history of liver cirrhosis who was diagnosed with colorectal cancer in September 2022.

8. On 12 October the Trust recommended a procedure called a hemicolectomy. This procedure removes part of the bowel to treat an underlying disease or condition. This procedure was to take place laparoscopically, which means the procedure takes place via a small incision in the abdomen.

9. The procedure took place on 3 November. During surgery, Mr E began to bleed from an important blood vessel close to the surgical area. The surgeons converted the surgery to a laparotomy, which is where the abdomen is fully opened up, and were able to stop the bleeding. The surgeons then reconnected the two parts of Mr E’s bowel, following removal of the tumour.

10. Due to the blood loss during surgery, Mr E was admitted to the Trust’s Intensive Treatment Unit (ITU) for monitoring.

11. From 8 November Mr E began retaining fluid due to his liver cirrhosis (known as ascitic fluid). Despite this he remained clinically stable and was discharged from the ITU on 9 November. A drain was inserted on 16 November to remove the ascitic fluid from his abdomen.

12. Mr E’s condition began to deteriorate and a CT scan on 19 November revealed an anastomotic leak, which is where there is a gap in the rejoined sections of the bowel. The Trust undertook surgery to address this the same day.

13. Following this second surgery, Mr E’s condition was unstable. The following day a doctor noted that he was experiencing multi-organ failure as a result of septic shock. Mr E had developed sepsis due to the anastomotic leak and the doctors noted that his prognosis was very poor.

14. Mr E’s condition did not improve, and the clinicians had a conversation with his family on 24 November to discuss his poor prognosis. He was placed on end-of-life care on 25 November and, very sadly, died later that day.

Findings

Surgery

18. Mrs S complains that the Trust performed his bowel resection poorly on 3 November 2022, resulting in the need for emergency surgery to stop a serious bleed and leading to an anastomotic leak.

19. We asked our surgical adviser whether there is any indication the operation was performed to a poor standard. They explained that our consideration of this will be limited as we can only rely on the notes made by the surgeons at the time. There is no video recording of the surgery that took place, and so this is the only evidence we have of what happened during surgery.

20. Our surgical adviser explained that that a serious bleed and anastomotic leak are both recognised complications of the surgery Mr E had. This means that the fact these happened does not, in and of itself, indicate something went wrong. Up to 19% of patients experience an anastomotic leak after bowel surgery (Zarnescu et al. 2021). Serious bleeding is much less common but is still a recognised complication of surgery. Mr E was advised of these risks, which were included on the consent form he signed, prior to undergoing surgery.

21. The notes of Mr E’s operation indicate that the bleeding arose ‘technically’. This means it was not likely caused by underlying medical conditions but, rather, due to the surgeon causing damage to a blood vessel. The blood vessel that was damaged was within the surgical area, and the fact this happened is not necessarily an indicator that something went wrong. Unfortunately, damage to the surrounding areas can still happen even when good surgical technique is used.

22. After the surgeons recognised the serious bleed, our surgical adviser explained they took the correct steps to rectify this by converting the surgery to a laparotomy and repairing the damaged blood vessel. They also replaced the blood lost with a blood transfusion. This was in line with the Royal College of Surgeons’ Good Surgical Practice guidelines, which state that surgeons should take prompt action when patient safety is compromised.

23. We can understand why Mrs S would have serious concerns with regards to her brother’s surgery given these complications. Whilst we cannot comment on the surgical technique used beyond that which is documented in the clinical notes, we can say that the fact these complications arose does not indicate poor technique nor that something went wrong. They are, unfortunately, complications that can happen during this type of surgery.

24. We have seen no indication that the serious bleed and anastomotic leak arose due to poor surgical technique and there is no indication of service failure.

Drain

25. Mrs S complains the Trust delayed in placing a drain to remove fluid from Mr E’s abdomen, following his surgery.

26. The fluid that built up in Mr E’s abdomen and which was leaking from the incision in his abdomen was ascitic fluid. This was most likely caused by Mr E’s liver cirrhosis, rather than it being a complication of surgery. This fluid did not begin to visibly accumulate until several days after surgery, which is important when considering when the drain should have been inserted.

27. The consent form completed by the Trust, and signed by Mr E, did include consent to insert a drain following surgery. Our surgical adviser explained that, in line with NICE Technical Appraisal TA105 (laparoscopic surgery for colorectal cancer) and NICE guideline NG151 (colorectal cancer) a drain is not explicitly indicated during this type of surgery and would be inserted at the discretion of the surgeon, based on clinical need. Our surgical adviser confirmed there was nothing within the operation notes that indicated there was a clinical need for a drain to be inserted at that time. Therefore, the fact a drain was not inserted at that time appears to be in line with NICE TA105 and NICE guideline NG151.

28. Following surgery, Mr E was physically stable for the first few days, before showing signs of deterioration. He began accumulating ascitic fluid which was causing his abdomen to distend and swell. The pressure from this fluid build-up caused fluid leakage through the incision site on Mr E’s abdomen, which was very concerning for Mrs S at that time.

29. The British Gastroenterology Society’s guidelines on managing ascitic fluid do not recommend inserting a drain in the first instance. This is only recommended when other interventions to treat the accumulation of fluid have not worked or when the fluid is extensive.

30. Mr E did not have a build-up of ascitic fluid in the days following his surgery. This was first documented on 8 November, and the clinician noted that the distension in his abdomen was ‘mild’. From 10 November, the clinicians began collecting and measuring the fluid that was draining through his incision. This continued until 14 November, when the clinicians treating Mr E sought specialist advice from gastroenterology colleagues. The specialist advice, received on 15 November, recommended inserting a drain. The following day the Trust inserted a drain.

31. The evidence indicates that there no delay in inserting a drain following Mr E’s surgery. Insertion of a drain at the time would have been dependent on clinical need, and our surgical adviser has confirmed there is nothing within the operation notes to indicate this was needed.

32. Following this, the Trust monitored Mr E’s ascitic fluid build-up and the decision not to initially insert a drain appears to be in line with the guidance from the British Society of Gastroenterology. Once gastroenterology colleagues recommended a drain, this was inserted the following day. There are no indications of service failure because the time it took to insert a drain appears to be in line with the relevant guidance.

Anastomotic leak

33. Mrs S complains the Trust delayed in identifying and treating the anastomotic leak in Mr E’s bowel.

34. In line with the Good Surgical Practice guidelines, surgeons must take prompt action when patient safety is compromised. Similarly, the General Medical Council’s Good Medical Practice guidelines state that doctors must adequately assess a patient’s condition and promptly arrange suitable treatment where necessary.

35. Our surgical adviser explained that an anastomotic leak is a recognised complication of the surgery Mr E had. They also explained that diagnosing an anastomotic leak can be challenging and, often, it is not until a patient becomes very unwell that clinicians suspect an anastomotic leak.

36. Following surgery on 3 November, Mr E initially appeared to be recovering well and his physiological observations were stable. He began leaking fluid from the incision on his abdomen a few days after surgery; however, this fluid arose due to his liver disease and was as a direct result of the surgery. Our surgical adviser explained that this fluid retention would not have indicated an anastomotic leak.

37. Mr E had a CT scan of his upper torso on 13 November. The purpose of this CT scan was to check for a pulmonary embolism, which is a blockage in the artery in the lung. This meant that the CT scan focused primarily on the lungs and only captured the upper part of Mr E’s abdomen.

38. This CT scan noted there was some free gas within the upper abdomen that could be related to the surgery, but an anastomotic leak could not be ruled out. Our surgical adviser explained that free gas within the abdomen commonly occurs during abdominal surgery and does not necessarily indicate a problem. The advice from this CT scan report was to undertake a CT scan of the abdomen if Mr E’s clinical condition indicated there was any acute intra-abdominal pathology (such as an anastomotic leak). This means that at this stage, whilst a leak could not be ruled out, the recommendation was to undertake further tests if Mr E’s clinical condition indicated this was needed.

39. Mr E’s clinical observations were stable at the time of this CT scan. His blood results indicated a slight elevation in inflammatory markers and his white cell count; however, this was within the expected deviation from the normal range that occurs in post-surgical patients.

40. It was not until 18 November that his National Early Warning Score, which is a tool used to help clinicians recognise when a patient is deteriorating, began to escalate. This prompted a review from clinicians and on 19 November they decided to undertake a CT scan of his abdomen. This CT scan took place the same day. The CT scan identified the anastomotic leak and the Trust proceeded to undertake corrective surgery later that day.

41. Based on the evidence available, there is nothing to indicate a delay in identifying or treating Mr E’s anastomotic leak. Anastomotic leaks can be difficult to identify, and the evidence indicates that when Mr E began to show signs of deterioration from 18 November, the clinicians quickly undertook a CT scan of his abdomen and proceeded to exploratory surgery the following day. There are no indications of service failure because the actions taken by the Trust appear to be in line with the GMC’s Good Medical Practice guidelines, and the Royal College of Surgeons’ Good Surgical Practice guidelines.

42. We recognise that this was a very distressing experience for Mrs S and she has understandably had serious concerns about the complications that arose after her brother’s surgery. We hope our work helps to reassure Mrs S that his care appears to be in line with the national guidelines.

Our Decision

1. We have carefully considered Mrs S’s complaint about Barking, Havering and Redbridge University Hospitals NHS Trust (the Trust). We were very sorry to learn of the concerns she has about her brother’s care.

2. We have seen no indications of service failure in the care provided by the Trust. The evidence indicates the Trust managed Mr E’s surgery and post-operative care in line with the national guidelines.

3. We recognise that Mrs S was very distressed by the loss of her brother, and we hope our work helps to reassure her and provides some closure following these distressing events.

Other Decisions About Barking, Havering and Redbridge University Hospitals NHS Trust

P-004405 · 28 Nov 2025
Mrs O complains about delays in the Trust completing an MRI scan, reviewing the MRI scan, and treating her husband …
Closed After Initial Enquiries
P-004298 · 21 Nov 2025
Ms R complains that the Trust failed to tell her and her gynaecology consultant about an adhesion surgeons found during …
Closed After Initial Enquiries
P-004165 · 1 Oct 2025
Mr W complains that his aunt, Mrs O, was incorrectly put onto end-of-life care without any consultation with her family, …
Closed After Initial Enquiries
P-003795 · 19 Aug 2025
Mr K claims that a four-year delay in cancer diagnosis and a surgical error led to a leg infection and …
Closed After Initial Enquiries
P-003567 · 18 May 2025
Mrs X complains about issues with communication following her brother’s death. She says she was told the bereavement team would …
Closed After Initial Enquiries
View all decisions for this organisation →