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University Hospitals of North Midlands NHS Trust

P-003071 · Statement · Decision date: 8 October 2024 · View University Hospitals of North Midlands NHS Trust scorecard
Drugs / medication Communication Nursing care Communication Care home mealtime support Unsafe medication management No person-centred care
Complaint (AI summary)
Mrs C complained the Trust inappropriately managed her husband's eating and nausea, insensitively discussed palliative care, administered midazolam, and did not call her before his death, believing this hastened his death.
Outcome (AI summary)
The complaint was closed. The ombudsman found no indication of failings in the Trust's care, treatment, or communication regarding Mr C's admission and end-of-life care.

Full decision details

The Complaint

4. Mrs C complains that during her husband, Mr C’s admission between 28 October and 24 November 2022, the Trust: • did not manage his lack of eating and nausea appropriately, • insensitively spoke about palliative, end-of-life care in front of him, • gave him midazolam, and • did not call her before he died.

5. Mrs C says her husband lost a considerable amount of weight and was left to waste away, causing his condition to deteriorate to the extent that he died. She believes her husband’s death was hastened by the midazolam. Mrs C says her husband gave up, upon hearing news he would not recover and never go home. She says staff must have known the end was near and by not calling sooner, she was denied the chance to be with him in his final hours.

6. Mrs C is left in distress, suffering with poor mental health and she has declined treatment for her cancer as she has lost faith that any hospital would give her the right treatment.

7. To resolve her complaint, Mrs C seeks an acknowledgement and apology, service improvements and a financial remedy.

Background

8. Mr C was 77 years of age at the time of these events. He arrived at the Trust by ambulance on 28 October 2022 after collapsing at home with a chest infection. He presented with shortness of breath when at rest with a wheeze.

9. Mr C’s medical history included chronic obstructive pulmonary disease (COPD, a long-standing lung condition that can cause breathing difficulties), atrial fibrillation (an abnormal heart rhythm), and bronchiectasis (a condition where the airways of the lungs are permanently damaged and widened due to persistent infection).

10. Mr C also had Type 2 diabetes, postural hypotension (a blood pressure drop when standing from sitting or lying down) and chronic anaemia (long-standing decrease of red cells in the blood). Mr C had previous treatment for oesophageal cancer in 2015 (in the tube that connects the throat to the stomach).

11. On admission to the Trust, he was receiving antibiotics for an infected exacerbation of his COPD and bronchiectasis. He was admitted onto a ward on 28 October where he stayed for his nearly three-week admission. Mr C remained unwell and was placed onto palliative care (given towards the end-of-life).

12. Plans were in place for a fast-track palliative referral from hospital, however before this could be actioned Mr C sadly died at 4.45am on 24 November 2022. His cause of death is certified as due to chest infection, contributed to by COPD with bronchiectasis, with underlying frailty of old age, hypertension and atrial fibrillation.

13. Mrs C remains unhappy with the Trust’s responses to her complaint and asked us to consider it independently.

Findings

17. We first look at whether there are signs the Trust has got something wrong. We do this by comparing what should have happened with what did happen. We have done this, and we hope to assure Mrs C we have not found any indication of failings.

Eating and nausea 18. Mrs C complains the Trust did not manage her husband’s lack of eating and nausea appropriately. Having reviewed the records in detail, we can see the Trust fully appreciated Mr C’s nutritional status, from his admission. We can see the Trust took appropriate steps in referring Mr C to dieticians and by monitoring his oral intake.

19. Our adviser says the Trust’s monitoring of Mr C’s oral intake was above average in his experience, compared to most general wards. In addition, NICE guidance on nutrition recommends screening, care planning and involving the patient and their family. We find these elements of care were well provided for, in Mr C’s case.

20. We know Mrs C is concerned that her husband reported feeling sick after eating. Mrs C complains ondansetron, an anti-sickness medication, was only given once. We hope to assure Mrs C we find evidence to show the Trust gave Mr C an alternative medication, haloperidol, to help with his nausea. It was therefore not the case that he was left without appropriate medical management for his nausea. Our adviser confirms haloperidol was a good choice in this situation and given in line with BNF recommendations.

21. Our adviser says unfortunately, given Mr C’s medical problems with the oesophagus, it was not unexpected that he had a degree of nausea, vomiting and nutritional issues. Our adviser says the next appropriate step was to assess Mr C for tube (PEG) feeding. We find this did happen, with the Trust conducting an assessment at a reasonable time. Our adviser agrees the conclusion was reasonable, that PEG feeding was not appropriate in Mr C’s case.

22. The Trust’s ongoing awareness of Mr C’s nutritional difficulties, its provision of medication, monitoring, and acting in line with advice given by dieticians was all appropriate in this circumstance. We do not find any indications of service failure here.

Communication about end-of-life care 23. Mrs C complains the Trust insensitively spoke about palliative end-of-life care in from of her husband. We know this is an understandably difficult issue to discuss, for patients and their relatives, and it can be for healthcare professionals too. This is why there is a wide variety of guidelines and standards on this issue, in hopes of making these difficult decisions as effective and supportive as possible.

24. One of the key recommendations in One Chance guidance is for the healthcare professional to involve the patient in discussions and decision-making at the end of their life, where this is possible.

25. We recognise Mrs C’s distress that discussions about end-of-life care were held with her husband, and respect that she may have perhaps preferred him not to have been involved. However, records show us Mr C had capacity to take part in these discussions and it was therefore appropriate, in line with One Chance guidance. Our adviser explains it would have been unethical not to include him.

26. It is difficult for us to judge the sensitivity of discussions from the information documented in medical records. From speaking with Mrs C, we know she is concerned about a comment made that Mr C may not return home. We do not underestimate how distressing this must have been to hear. We do not think it an inaccurate statement to have been made, in considering how unwell Mr C was. From the information available to us, we think these difficult discussions were held with a reasonable degree of sensitivity and we do not find any indications of service failure here.

MidazolamMrs C complains the Trust gave her husband midazolam. She told us she believes this is used to put patients to sleep and she is concerned due to its use overseas.

27. We cannot comment on any actions taken abroad. We must consider the application of guidance in the NHS. Midazolam has been licenced for use by the NHS for many decades. It is used to ease and alleviate distressing symptoms patients can experience at the end of their life.

28. Records note Mr C was experiencing some agitation and in response, the Trust gave midazolam for symptom control. Our adviser confirms the use of midazolam in this context was reasonable, and in line with BNF prescribing advice. We can assure Mrs C the dose given was appropriate and not excessive. We do not find any indications of service failure here.

Contact before death 29. Mrs C complains the Trust did not call her before her husband died, to allow her to be with him at the end.

30. In conversations with us, she said staff must have known he was in his last hours and therefore should have called. Whilst this is Mrs C’s belief of what must have happened, our adviser says in their extensive experience it is often difficult to predict when an end-of-life patient is likely to die. Our adviser comments this is in fact often the preferred situation, as it usually indicates the patient has a peaceful death.

31. Having carefully reviewed the records, we do not see anything to suggest Mr C’s death could have been anticipated, with sufficient precision to enable Trust staff to alert Mrs C in time for her to attend to be at his side. We know this leaves Mrs C with distress, that she was not there. We hope to provide her some comfort, with the knowledge this was not something staff could have reasonably predicted, to have called her beforehand. We do not find any indications of service failure here.

Our Decision

1. Mrs C complains about aspects of the care and treatment provided to her husband in hospital, from 28 October to 24 November 2022.

2. We have considered the evidence carefully and we do not see any indication of failings in the complaints raised about the Trust’s care, treatment or communication.

3. As we have seen no indication of wrongdoing, we have decided not to investigate further. We recognise how important this complaint is to Mrs C and we extend our condolences to her on the loss of her beloved husband.

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