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Barking, Havering and Redbridge University Hospitals NHS Trust

P-002698 · Report · Decision date: 26 June 2024 · View Barking, Havering and Redbridge University Hospitals NHS Trust scorecard
Diagnosis Treatment Transfer, discharge and aftercare Diagnosis Transfer, discharge and aftercare Delayed Recognition of Deterioration Missed and inaccurate patient observations Clinical negligence harms learning
Complaint (AI summary)
Mr O complained the Trust failed to diagnose his wife's cancer, declined gallbladder removal, and discharged her without follow-up appointments, allegedly contributing to her death.
Outcome (AI summary)
The ombudsman partly upheld the complaint, finding the Trust failed to arrange follow-up appointments. However, this failing would not have led to an earlier cancer diagnosis.

Full decision details

The Complaint

6. ​​Mr O​ complains about the care and treatment ​Barking, Havering, and Redbridge University Hospitals NHS Trust​ (the Trust) provided to his wife, Mrs O.

7. Mr O complains about a hospital admission between 3 and 9 July 2020. He says the Trust failed to diagnose his wife’s cancer, declined to remove her gallbladder in line with her wishes, and discharged her without a follow-up appointment.

8. Mr O also complains about the care his wife received after her GP completed a two-week cancer referral in October 2020. He says the Trust again failed to diagnose cancer, removed her from the two-week cancer referral pathway in December 2020 and discharged her without a follow-up appointment.

9. The Trust readmitted Mrs O on 18 March 2021 and diagnosed her with cancer. It discharged her on 31 March, and she died on 17 April. Mr O believes the Trust could have prevented her death had it diagnosed cancer sooner, provided different treatment, or arranged the follow-up appointments it should have. He says his wife suffered a painful death and what happened has caused him trauma and distress.

10. Mr O would like the Trust to acknowledge any failings, make service improvements to stop the same things from happening again, and pay him a financial remedy.

Background

11. Mrs O presented to hospital on 3 July 2020 with abdominal pain. Mrs M had a CT scan which showed she had a dilated biliary tree (enlargement or widening of the bile ducts). She had an ultrasound scan the same day followed by a Magnetic Resonance Cholangiopancreatography (MRCP) on 7 July. An MRCP is an imaging test to examine the pancreatic and biliary systems.

12. The ultrasound scan and the MRCP scan both showed that Mrs O had gallstones and common bile duct stones. The scan reports did not mention cancer.

13. Mrs O also had an Endoscopic Retrograde Cholangiopancreatography (ERCP) on 7 July. An ERCP is a combination of endoscopy and X-rays to examine and treat conditions in the bile and pancreatic ducts. This reported no sign of cancer but showed pus and multiple stones in the bile duct which the doctors removed.

14. The Trust managed Mrs O with antibiotics and fluids. Her inflammatory markers and liver functions improved. The surgical team decided to discharge Mrs M home and arrange a follow up appointment to decide on elective removal of the gallbladder. This appointment did not happen.

15. Mrs O’s GP referred her back to the Trust in October on a suspected upper gastrointestinal cancer pathway. She had an endoscopy which did not report cancer and her blood tests were normal. The Trust removed Mrs O from the suspected cancer pathway with a plan for a follow up appointment. Again, this appointment did not happen.

16. Mrs O was readmitted to hospital on 18 March 2021 with abdominal pain, vomiting, reduced oral intake, abnormal liver enzymes, pale stools, and dark urine. Further investigations found a large mass lesion in her gallbladder.

17. Mrs O was diagnosed with stage four cancer. She was discharged on 31 March under palliative care and sadly died on 17 April.

Findings

July 2020 hospital admission

Gallstones diagnosis

21. Mrs O presented to hospital on 3 July with abdominal pain and the clinical team diagnosed her with gallstones. Mr O is concerned the Trust should have diagnosed gallbladder cancer instead and removed her gallbladder. We understand why Mr O was so concerned about this given his wife’s later diagnosis.

22. Our surgeon adviser explained the symptoms of gallbladder cancer are similar to the symptoms of gallstones. They explained that gallbladder cancer is uncommon and that 70 to 80 percent of patients with a diagnosis of gallbladder cancer also have gallstones.

23. The NICE gallstone guidance explains what doctors should do if they suspect a patient has gallstones. It advises to offer an ultrasound to people with suspected gallstone disease. It also says to consider an MRCP.

24. We can see that following admission to hospital on 3 July, Mrs O had a CT scan which showed she had a dilated biliary tree. She had an ultrasound scan the same day followed by an MRCP scan on 7 July. The ultrasound scan and the MRCP scan both showed that Mrs O had gallstones and common bile duct stones.

25. Both our surgeon adviser and our radiologist adviser agreed that the diagnosis of gallstones was correct. Our radiologist adviser also confirmed that none of the scans taken during this admission showed Mrs O had gallbladder cancer.

26. Our radiologist adviser explained the radiologists reported on the scans correctly and in line with the radiology guidance. This guidance says a radiology report should be actionable and prompt appropriate care for the patient. It says it should answer the clinical question and include a tentative or differential diagnosis when an abnormality is seen.

27. Mr O feels that more testing should have occurred at this time to check if Mrs O had cancer in her gallbladder. In particular, he feels that a biopsy should have occurred.

28. The NICE suspected cancer guidance states that an urgent ultrasound scan should be done within two weeks to assess for gallbladder cancer if a patient has an upper abdominal mass. We can see no evidence that Mrs O had an abdominal mass and so we would not have expected the Trust to carry out any further testing to check for gallbladder cancer.

29. In summary, we consider the Trust acted in line with the NICE gallstone guidance in diagnosing Mrs M’s gallstones. The radiologist also reported on the scans correctly and there was no indication that Mrs O had cancer at the time. The national guidance would not have required the Trust to carry out any further testing at this point. We have not found any failings in this area of the complaint.

30. We were incredibly sorry to hear that Mrs O did go on to be diagnosed with cancer in March 2021. We can see how painful this was for Mr O.

Care following diagnosis of gallstones

31. Mr O feels the Trust should have removed his wife’s gallbladder during the admission to hospital in July 2020. He feels his wife’s requests to have this surgery were ignored. We were sorry to hear that Mr O felt his wife’s wishes were not respected.

32. The NICE gallstone guidance for managing gallstones in the bile duct recommends treating teams should offer bile duct clearance and surgery to remove the gallbladder.

33. We can see that during the admission, the clinical team performed an ERCP in line with the NICE gallstone guidance. The Trust discharged Mrs O’ home with the intention to arrange a follow up appointment. This was to decide on surgery for gallbladder removal.

34. The NICE gallstone guidance does not provide any timeframes for when removal of the gallbladder should occur following diagnosis. Outside the COVID-19 pandemic our adviser said the surgical team would ideally plan an operation within the first six to 12 weeks.

35. However, in April 2020, the NHS released the surgical prioritisation guidance in response to the COVID-19 the pandemic. This guidance describes levels of surgical priority ranging from level 1 (where an operation is required within 24 hours) up to level 4 (where surgery can be delayed for more than three months).

36. Based on this guidance, Mrs O’s surgery would have fallen into level 4 priority which means the Trust could delay it for more than three months. Mr O tells us Mrs O requested the surgeons perform the surgery whilst she was still an inpatient.

37. Our surgeon adviser said it was an acceptable plan to discharge Mrs O from hospital and arrange an outpatient appointment to discuss surgery. We can see that at the time, Mrs O’s life was not in immediate danger and so Mrs O did not need emergency surgery.

38. Taking this advice and guidance into account, we do not consider it was a failing for the clinical team to discharge Mrs M with a plan for a follow up. They could discuss Mrs O’s views about her care and treatment during this appointment. However, following discharge the Trust did not arrange this appointment. This means the Trust never offered Mrs M gallbladder removal surgery.

39. We consider this was a failing as this was not in line with the NICE gallstone guidance. The Trust has already acknowledged this did not happen and apologised. We discuss the impact of this in the ‘impact of failings’ section of this report.

Suspected cancer referral October 2020

40. Mrs O’s GP referred her back to the Trust on a suspected two-week cancer pathway on 14 October 2020. This was to rule out oesophageal or stomach cancer as she was suffering from difficulty swallowing. Again, we understand why Mr O is concerned the Trust did not diagnose cancer at this time and that it did not perform the correct tests.

41. The NICE suspected cancer guidance advises doctors should offer an urgent upper gastrointestinal endoscopy within two weeks to assess for oesophageal cancer in people with difficulty swallowing.

42. The Trust attempted the gastroscopy initially on 23 October in line with this guidance. In the medical records, it is documented this was poorly tolerated and so another gastroscopy was performed on 7 November. This diagnosed a non-cancerous oesophageal stricture (narrowing of the oesophagus).

43. Our surgeon adviser said the GP made the referral to exclude upper gastrointestinal cancer. They advised the Trust performed the correct test which cleared Mrs O of this form of cancer in line with the NICE suspected cancer guidance.

44. The treating team also recommended a follow up in the surgical clinic. It is not clear from the records why the Trust requested this. However, our surgeon adviser explained this likely would have been to discuss the ongoing management of Mrs O’ known gallstones.

45. Having considered this advice, we do not consider there were any failings in the initial care the Trust provided to Mrs M following this referral. We were also reassured the Trust acted in line with national guidance when it removed Mrs O from the suspected cancer pathway.

46. However, the Trust has acknowledged it did not arrange a follow up appointment for Mrs O. This was not in line with the GMC guidance which says to promptly arrange suitable advice, investigations, and treatment where necessary. We consider this a further failing.

Impact of failings

47. We have found the Trust missed two opportunities to arrange follow up appointments for Mrs O to explore the possibility of gallbladder removal surgery. We understand why this has left Mr O concerned the Trust missed an opportunity to diagnose Mrs O’s cancer sooner.

48. Our surgeon adviser explained that if Mrs O had these appointments, the Trust would have offered her elective gallbladder removal surgery. He explained the Trust would likely have diagnosed her gallbladder cancer during surgery.

49. It is now difficult for us to say at what stage Mrs O would have had these follow up appointments. It is also difficult to say when the Trust would have arranged the gallbladder removal surgery following these. This is because the events occurred during the COVID-19 pandemic.

50. As mentioned earlier, the surgical prioritisation guidance meant Mrs O’s surgery would been considered level 4 priority. This meant the Trust could delay it for more than three months and so Mrs M would not have had the surgery until October at the earliest, but possibly even later.

51. We asked the Trust how long its wait times were at the time. The Trust said it was unlikely Mrs O would have had an outpatient appointment and elective surgery by the time she was readmitted and diagnosed in March 2021. It said that in 2020, it had backlogs on routine gallbladder surgery.

52. Our oncologist adviser agreed that Mrs O was unlikely to have had gallbladder surgery prior to her diagnosis in March 2021. He explained this surgery was low priority and hospitals were not performing it during the pandemic.

53. In summary, we have found it was unlikely Mrs O would have had her gallbladder removed prior to her cancer diagnosis in March 2021. This means the Trust would not have diagnosed her cancer any sooner even if the failings in her care had not occurred.

54. We appreciate this will be a disappointing outcome for Mr O. We would like to reassure him we are in no way underestimating how much these events have affected him. We were reassured the Trust has taken action to improve its service and ensure staff book appointments when needed going forward. We hope this investigation provides Mr M with the answers he needs.

Our Decision

1. We were very saddened to hear of the death of Mrs O and the impact this has had on Mr O. We can only imagine how difficult the last few years have been for him. We were also sorry to hear of his concerns about his wife’s care.

2. We have not found failings in the care the Trust provided to Mrs M during the hospital admission in July 2020. We have found that gallstones were the correct diagnosis and the scans taken during this admission did not show cancer. However, the Trust should have arranged a follow up appointment to consider gallbladder removal surgery. It did not do this which was a failing.

3. We have found no failings in the care provided to Mrs O following the referral in October 2020. The investigations at this stage also did not suggest cancer. However, we have found the Trust again failed to arrange a follow up appointment for Mrs M at this time.

4. We understand why Mr O is so concerned these appointments did not occur, especially given his wife’s subsequent diagnosis. We can only imagine how devastating this was.

5. We have found that even if these appointments had gone ahead, this would not have resulted in the Trust diagnosing Mrs O’s cancer sooner. We have therefore decided to partly uphold this complaint.

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