Names have been removed to protect privacy. Identifying letters are assigned in alphabetical order and bear no relationship to the person’s actual name.
Contents
Responses to provisional report
Appendix A: Independent clinical advice to Commissioner
Appendix B: Independent clinical advice to Commissioner
Introduction
- The Coroner referred a complaint to this Office regarding the death of Mr B, who was aged 19 years at the time of the events. Mr B passed away unexpectedly after suffering complications related to a postoperative wound infection, following removal of tumours related to type 2 neurofibromatosis.[1] Mr B’s parents are concerned that Health New Zealand|Te Whatu Ora (Health NZ)[2] did not provide reasonable care to Mr B. This report focuses on the key concerns raised by Mr B’s family relating to the standard of neurosurgery care and adequacy of the information provided to them.
- I express my sincere condolences to Mr B’s family on his passing.
Background
- Mr B lived in the South Island. On 10 Month1 2015 Mr B underwent an elective vestibular schwannoma and tentorial meningioma excision[3] at a tertiary hospital (Hospital 1).[4] This was complicated by postoperative infection and meningitis,[5] which required further hospitalisations at a secondary hospital[6] and a second tertiary hospital (Hospital 2). Mr B’s care was managed by clinicians at the secondary hospital and/or Hospital 2, with oversight from neurosurgeon Dr A and his team at Hospital 1. Mr B’s postoperative infection was treated successfully, but Mr B continued to suffer raised intracranial pressure (hydrocephalus), which required regular release of cerebrospinal fluid (CSF)[7] through lumbar punctures.[8]
- In the early afternoon of 9 Month4 2015 Mr B was admitted to the secondary hospital acutely following ongoing headaches and vomiting. It was noted that ‘[Mr B] [was] not coping with CSF balance’, but a decision was made to hold off on a lumbar puncture due to concerns that removal of further CSF would cause herniation.[9] Subsequently, a decision was made to insert a ventriculoperitoneal shunt (VP)[10] at Hospital 1.
- As Mr B was neurologically stable and there were operational delays by the air retrieval team,[11] a decision was made to transfer Mr B a few days later. While waiting for the air retrieval team, Mr B collapsed and had a cardiac arrest. Dr A’s team travelled to the secondary hospital urgently and inserted a drain to manage Mr B’s hydrocephalus. However, Mr B continued to deteriorate, and after transfer to Hospital 1, Mr B was certified brain dead.
- Health NZ completed an adverse event review (‘the AER’) following Mr B’s passing, which included an independent review by neurosurgeon Dr Agadha Wickremesekera.
Health NZ neurosurgery care
- There is dispute as to whether Mr B would have benefitted from an earlier insertion of a VP shunt. Dr Wickremesekera’s review indicates that this could have occurred after Mr B’s postoperative infection was cleared on 13 Month3 2015. Mr B’s family also assert that they were advised that a VP shunt would be inserted once Mr B was cleared of his infection. In contrast, Dr A stated that Mr B’s lumbar puncture pressures were not excessive, and he showed periods of slow improvement. Dr A said that at no point was he concerned about
Mr B’s management (except on the day he was being transferred to Hospital 1). Clinical notes show that there was regular input from Dr A and his team between Month1 and Month4 2015. In addition, Dr A stated that although Mr B’s infection had cleared, placing a shunt into the contaminated CSF space too early, in conjunction with Mr B’s ventriculomegaly,[12] could have increased the clinical risk. Therefore, a conservative approach was more appropriate. As part of the AER process, another neurosurgeon also disagreed with Dr Wickremesekera’s assertion, noting that post-meningitis communicating hydrocephalus[13] normally tends to settle with lumbar punctures. Dr Wickremesekera agreed that meningitis usually resolves with antibiotics; however, he said that post-infectious communicating hydrocephalus in a chronic symptomatic setting usually requires earlier intervention, and the patient is less likely to recover spontaneously. - Mr B’s family told HDC that Mr B had a series of lumbar punctures due to the hydrocephalus and that these procedures were really painful for him and very hard for the family to watch. These were not always successful, sometimes taking two or three times before the CSF could be accessed. In addition, the family stated that the symptomatic relief from the procedure was always short-lived.
- There is dispute as to whether Mr B would have benefitted from earlier transfer to the first tertiary hospital. Mr B’s family state that earlier transfer should have occurred, as this would have resulted in better monitoring by Dr A and his team. Similarly, Dr Wickremesekera stated that management of the CSF infection and hydrocephalus at a non-speciality hospital, such as the secondary hospital, was very difficult at the time, and earlier transfer would have allowed for closer monitoring by the neurosurgical team. Dr A disagreed with this, stating that Mr B’s infection did not warrant a transfer back to the city, as Mr B’s complications required medical management, rather than surgical management. In addition, Dr A stated that keeping Mr B in the region meant that he was closer to his family. Dr A’s decision was supported by the other neurosurgeon, who stated that management of the infection at a secondary hospital was clinically sound.
- As stated above, a decision was made to defer a lumbar puncture on 9 Month4. However,
Dr Wickremesekera stated that completing a lumbar puncture could have led to a better outcome, although he did not provide reasoning for this. In contrast, the other neurosurgeon stated that a lumbar puncture at that time would have been dangerous given that Mr B’s communicating hydrocephalus was progressing to an obstructive hydrocephalus.
Clinical advice
- Dr Wickremesekera provided additional neurosurgical advice to HDC (Appendix A). In summary, Dr Wickremesekera advised that the neurosurgical care provided to Mr B was appropriate. However, he noted that Mr B could have been transferred to Hospital 1 earlier, although no departure is noted.
My decision
- I acknowledge Mr B’s family’s concerns regarding the neurosurgical care provided to Mr B. However, I consider that Health NZ provided Mr B with a reasonable standard of care. Whilst Dr Wickremesekera’s review for Health NZ stated that Mr B would have benefitted from different decisions, I note that it was open to Dr A to make the decision he did. It is also my view that Dr Wickremesekera’s comments were made in hindsight, rather than based on the information available to Dr A at the time of the events.
Air retrieval team
- There was a delay in transferring Mr B to Hospital 1 in Month4, and Mr B’s poor outcome was attributed to the delay. Initially Mr B was referred to the air retrieval team at 6pm. The referral was triaged by the flight coordinator with input from a senior medical consultant. As Mr B was neurologically stable and the air retrieval team was scheduled to return from another retrieval, a decision was made by the air retrieval team, the neurosurgery team, and the secondary hospital’s team to depart from the city at 8am, with an expected arrival back in the city by early afternoon. The air retrieval team stated that this is the nature of prioritisation under a resource-constrained environment.
- On the morning of the transfer, a further delay occurred in retrieving Mr B due to a flight nurse having to stand down for a period of rest following attendance at an overnight retrieval. Attempts were made to contact other flight nurses and intensive care nurses who were not on the roster, but no one was available. The air retrieval team contacted the secondary hospital’s duty manager at 7.15am and was advised that Mr B was on a medical ward and stable. It is not known whether the secondary hospital’s medical team were consulted at this point, and if and when they were informed of the air retrieval team’s delays. However, the AER shows that the neurosurgery team was not informed of this delay.
- Dr Wickremesekera stated that road transfer could have been considered as an alternative option when the CAR team was delayed. However, he also said that even if Mr B had been transferred, input from Dr A would still have been needed as he was Mr B’s treating surgeon. In addition, Dr A stated that in his experience, moving patients by road had led to a negative outcome, due to a lack of ambulance staff and inability of the ambulances to cross boundaries between healthcare districts at the time.
- At the time of events, the air retrieval team had been experiencing increasing demands; however, nurse staffing levels had not been increased despite 30% of the retrievals having been nurse only. Between March 2015 and March 2016, there were 60 occasions on which a second retrieval had been requested but could not be responded to. Therefore, the air retrieval team requested additional resourcing in Month1 2015, and this was implemented in June 2016 (see ‘changes made’ section).
- The AER also notes that there were no formal guidelines in place to outline the operational factors to be considered when determining the time for a planned retrieval — which may have resulted in variation in the decisions made by intensive care medicine specialists.
Clinical advice
- Dr Mark Goniszewski, an emergency services specialist, provided independent advice in relation to the air retrieval team (Appendix B). In summary, he advised the following:
- Level of staffing within the air retrieval team = no departure; and
- Triaging and prioritisation of referral to transport Mr B = no departure.
My decision
I accept Dr Goniszewski’s advice. I acknowledge that the resourcing constraints within the air retrieval team had an impact on Mr B’s outcome. However, it is not my role to determine what caused Mr B’s death but rather to determine whether the standard of care provided to Mr B at the time was of an appropriate standard, without hindsight bias. In this circumstance, I agree with Dr Goniszewski that Mr B’s care was triaged and prioritised by the air retrieval team appropriately based on the information available to the team at the time.
Communication
- Mr B’s family raised several concerns about the standard of communication provided to them during these events. The AER also notes concerns relating to communication between treating teams and the family.
- Mr B’s family told HDC that in Month3 2015 they were advised by Hospital 2’s team that the team had contacted Dr A regarding consideration of a VP shunt, and that Dr A would provide the family with an update regarding Mr B’s ongoing care. While the need for a VP shunt had been assessed after Mr B’s postoperative infection cleared in Month3 2015, the communication regarding the outcome of the assessment and reasons for not implementing the shunt were not communicated to the family at the time of the assessment. It is not known why these reasons were not communicated to the family.
- Further, Mr B’s family’s statement to HDC indicates that they were provided with minimal information regarding Mr B’s transfer to Hospital 1 in Month4. The family stated that they did not understand the reason why road transfer to Hospital 2 (where a neurosurgery team was based) was not considered when the air retrieval team was delayed, and they could not understand why Mr B was transferred to Hospital 1 when he had a poor prognosis. In addition, the family were not consulted on Mr B’s transfer to Hospital 1. This meant that the family did not have an opportunity to say goodbye to Mr B prior to his death. Health NZ acknowledged that the family missed a crucial opportunity to say goodbye.
- The communication following the family’s arrival at Hospital 1 also appears to be minimal. The family stated that when they arrived, there was a lack of explanation regarding the infusions and other equipment connected to Mr B. In addition, the family said that clinicians informed them about Mr B’s clinical status of being ‘brain dead’, and then within a matter of minutes asked whether they would like to donate his organs, which left them with little time to consider the donation. Finally, the family was advised by a social worker that it was up to them to organise transportation of Mr B’s body back to where they lived, even though Mr B had qualified for National Travel Assistance. Health NZ apologised for the distress caused by the discussion related to organ donation and the miscommunication regarding transporting Mr B’s body.
Clinical advice
- In summary, the following advice was provided:
Dr Wickremesekera
- Communication between Hospital 1 and Hospital 2 teams = no departure; and
- Communication provided to Mr B’s family = no departure.
Dr Goniszewski
- Lack of consultation with family prior to Mr B’s transfer = moderate departure.
My decision
- Having reviewed all the information on file, including the clinical advice, I consider that Health NZ breached Right 6(1) of the Code of Health and Disability Services Consumers’ Rights (the Code) — the right to the information that a reasonable consumer in the circumstances would expect to receive — due to the lack of information provided to Mr B regarding consideration of a VP shunt after his infection had cleared and the delays associated with the air retrieval team, including why alternative transport options were not considered.
- I note that following Mr B’s deterioration in Month4, Mr B’s parents were communicating on behalf of Mr B. This was a critical period in which minimal information regarding Mr B’s prognosis and treatment pathway was shared, and there was a lack of consultation regarding his transfer to the city. Once Mr B passed away, incorrect and minimal information was provided regarding the support options available to transport Mr B’s body back to where they lived. This was particularly distressing for the family. Health NZ acknowledged that this would have been distressing to the family.
- In addition to the above, I am concerned about the communication that took place between the air retrieval team and the treating teams in Month4 regarding its delays.
- Health NZ accepted the moderate departure and sincerely apologised for its standard of care.
Responses to provisional report
- Health NZ Southern was provided with the provisional report and given the opportunity to comment. It told HDC that it did not have any comments to make.
- Health NZ Canterbury was provided with the provisional report and given the opportunity to comment. It provided its sincere condolences to Mr B’s family for Mr B’s passing. Health NZ Canterbury’s comments have been included in relevant areas of the report.
- Mr B’s family was provided with the provisional report and given the opportunity to comment. Their comments have been integrated throughout the report as relevant.
Changes made
- The air retrieval team has made the following changes since the events:
- Since 2015, an additional 4.2 full-time equivalent nursing staff have been approved and two teams have been implemented, allowing for two retrievals to occur at a given time.
- The air retrieval team now communicates to the receiving team any changes to the plan for when a retrieval is to occur.
- The air retrieval team has developed new guidelines that outline operational factors to be considered when determining the date and time for a planned retrieval.
- The air retrieval team has established a group of clinical leads for aeromedical retrieval for inter-hospital transfers.
- The air retrieval team is in the process of developing a standard triage tool and a process of benchmarking the air retrieval team’s performance against other services.
- The air retrieval team has developed teleconferencing that enables 10 individuals to be involved in the conference, which also enables rapid consensus decision-making in the referral and transfer of patients.
- The amalgamation of the 20 district health boards into Health NZ will allow for better integration of services, sharing of resources, and communication between treating teams.
- In 2017, the NZ government launched the Deceased Organ Donation and Transplantation Strategy, which outlines the process of discussing organ donations with families. Health NZ has adopted this strategy into its internal guidelines and has implemented designated teams to discuss the organ donation process with families.
- Health NZ now has 24/7 social worker cover within intensive care units. It ensures that social workers are made aware of any patient death outside the hospital region, so they can reach out to families directly. In addition, Health NZ has developed draft letters to inform families about national travel assistance, guiding them on how to access this support.
Recommendations
- I acknowledge the significant number of changes across the health system that have been made since the time of the events, including the establishment of Health NZ. I am also mindful that providing recommendations at this stage for errors that happened some time ago is likely to have limited practical benefit.
- I recommend that Health NZ Southern and Health NZ Waitaha Canterbury districts provide a formal written apology for the breaches identified in this report. The apology is to be sent to HDC, for forwarding to Mr B’s family, within three weeks of the date of this report.
Follow-up actions
- A partially anonymised copy of this report (naming only Health NZ Waitaha Canterbury, Health NZ Southern, and my clinical advisors) will be sent to Health NZ and placed on the HDC website (www.hdc.org.nz) for educational purposes.
- A full copy of this report will be sent to the Coroner.
Nāku iti noa, nā
Dr Vanessa Caldwell
Deputy Health and Disability Commissioner
Appendix A: Independent clinical advice to Commissioner
‘Complaint: |
[Mr B]/Health NZ Canterbury and Southern |
Our ref: |
20HDC01089 |
Independent advisor:
|
Dr Agadha Wickremesekera |
I have been asked to provide clinical advice to HDC on case number 20HDC01089. I have read and agree to follow HDC’s Guidelines for Independent Advisors.
I am not aware of any personal or professional conflicts of interest with any of the parties involved in this complaint.
I am aware that my report should use simple and clear language and explain complex or technical medical terms.
Qualifications, training and experience relevant to the area of expertise involved: |
My name is Agadha Wickremesekera, Neurosurgeon at Wellington Hospital. I have qualified with a degree in medicine 1986 from the University of Otago. Thereafter I trained in neurosurgery and qualified with a FRACS in 1998 in neurosurgery. I have also completed a doctor of medicine in research completing my thesis in 2005. I have been working at Wellington Regional Hospital as a neurosurgeon from 1999 to the present. |
Documents provided by HDC: |
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Referral instructions from HDC: |
Health NZ Canterbury and Southern
|
Factual summary of clinical care provided complaint:
Brief summary of clinical events: |
See previous report |
Question 1: The general standard of care provided to [Mr B], including:
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List any sources of information reviewed other than the documents provided by HDC: |
Documents provided by HDC |
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Advisor’s opinion: |
The management with regards to communication as stated above is to an accepted standard of care.
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What was the standard of care/accepted practice at the time of events? Please refer to relevant standards/material. |
Acceptable |
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Was there a departure from the standard of care or accepted practice?
|
No departure |
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Question 2: The appropriateness of the decision to discharge [Mr B] on 16 [Month1] 2015. |
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List any sources of information reviewed other than the documents provided by HDC: |
Documents provided by HDC |
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Advisor’s opinion: |
The patient was recovering well and was discharged at an appropriate time. The discharge planning was to an accepted standard. |
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What was the standard of care/accepted practice at the time of events? Please refer to relevant standards/material. |
Acceptable |
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Was there a departure from the standard of care or accepted practice?
|
No departure |
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Question 3: The appropriateness of managing [Mr B’s] condition after he was cleared of MRSA meningitis on 13 [Month3] 2015. |
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List any sources of information reviewed other than the documents provided by HDC: |
Documents provided by HDC |
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Advisor’s opinion: |
The post operative infection with MRSA meningitis was managed appropriately. |
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What was the standard of care/accepted practice at the time of events? Please refer to relevant standards/material. |
Acceptable |
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Was there a departure from the standard of care or accepted practice?
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No departure |
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Question 4: The appropriateness of the care provided to [Mr B], following his presentation to [the secondary hospital] on 9 [Month4] 2015. |
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List any sources of information reviewed other than the documents provided by HDC: |
Documents provided by HDC |
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Advisor’s opinion: |
The management on presentation to [the secondary hospital] on 09 [Month4] 2015 was appropriate. |
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Question 5: The appropriateness of care provided to [Mr B], following his collapse in [Month4] 2015, including the decision to transfer him to [Hospital 1]. |
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List any sources of information reviewed other than the documents provided by HDC: |
Documents provided by HDC |
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Advisor’s opinion: |
Following his collapse in [Month4] again he was managed appropriately at the presenting DHB. |
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Question 6: Any other matters you consider warrant comment. |
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List any sources of information reviewed other than the documents provided by HDC: |
HDC documents |
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Advisor’s opinion: |
This patient has had an unfortunate and tragic outcome. Pre intra and post operative treatment and management were within acceptable standards of care. In hindsight the patient could have been transferred to [Hospital 1] a few days before his final presentation. |
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Recommendations for improvement that may help to prevent a similar occurrence in future. |
To improve resources for timely transport of patients requiring tertiary care. |
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Name: Dr Agadha Wickremesekera Date of Advice: 10 January 2025’ |
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Appendix B: Independent clinical advice to Commissioner
‘Complaint: |
Health NZ Waitaha Canterbury |
Our ref: |
20HDC01089 |
Independent advisor:
|
Dr Mark Goniszewski |
I have been asked to provide clinical advice to HDC on case number 20HDC01089. I have read and agree to follow HDC’s Guidelines for Independent Advisors.
I am not aware of any personal or professional conflicts of interest with any of the parties involved in this complaint.
I am aware that my report should use simple and clear language and explain complex or technical medical terms.
Qualifications, training and experience relevant to the area of expertise involved: |
Fellow of the Australasian College for Emergency Medicine Fellow of the Royal College of Emergency Medicine (UK) Master of Aviation Medicine (University of Otago, NZ) Master of Aero Retrieval Medicine (University of Otago, NZ) Diploma in Mountain Medicine (University of New Mexico, USA) Member of the Royal College of Surgeons (Edinburgh, UK) Lekarz (Physician) Medical University of Warsaw, Poland |
Documents provided by HDC: |
|
Referral instructions from HDC: |
Health NZ Waitaha Canterbury and Health NZ Southern
|
Factual summary of clinical care provided complaint:
Mark Goniszewski
Date of Advice: 8 December 2024’
[1] A genetic condition that causes benign tumours to develop on nerves, particularly those in the skull and spine.
[2] On 1 July 2022 the Pae Ora (Healthy Futures) Act 2022 came into force, which disestablished all district health boards. Their functions and liabilities were merged into Health NZ.
[3] Removal of tumours from the nervous system.
[4] Tertiary hospitals have the ability to provide specialised and complex medical care.
[5] Inflammation of the membranes covering the brain and spinal cord.
[6] Secondary hospitals are smaller than tertiary hospitals. If more specialised care is needed, consumers are transferred to tertiary hospitals.
[7] Clear fluid that surrounds the brain and spinal cord, providing protection.
[8] Procedure involving a needle being inserted into the lower back.
[9] Protrusion of an organ through a defect or opening.
[10] A plastic tube that drains excess CSF.
[11] A stand-alone service that is operated at the first tertiary hospital.
[12] A condition in which the brain ventricles (fluid-filled cavities) are enlarged due to build-up of CSF.
[13] Communicating hydrocephalus occurs when the flow of CSF is blocked after it exits the ventricles, while still allowing CSF to flow between the ventricles. This blockage can lead to an accumulation of CSF, causing increased pressure on the brain.