CORONERS ACT, 2003 SOUTH AUSTRALIA FINDING OF INQUEST An Inquest taken on behalf of our Sovereign Lady the Queen at Adelaide in the State of South Australia, on the 28th, 29th and 30th June 2006, and the 3rd January 2007, by the Coroner’s Court of the said State, constituted of Mark Frederick Johns, State Coroner, into the death of Brodie Sian Foot. The said Court finds that Brodie Sian Foot aged 23 years, late of Unit 6, 31 Parkmore Avenue, Sturt died at Somerton Park, South Australia on the 24th day of March 2004 as a result of drowning and citalopram overdose. The said Court finds that the circumstances of her death were as follows: 1. Introduction 1.1. Brodie Sian Foot was a twenty-three year old woman who was found deceased in the sea near Somerton Park on 24 March 2004. She was single, and lived with her five year old son in rented accommodation. She was a second year at Flinders University, being enrolled in the Occupational Therapy course at that institution. She was in receipt of a supporting parents benefit. She had recently seen a doctor, and had been commenced on anti-depressant medication. A post mortem examination was conducted on 25 March 2004, and the cause of death was given as follows: ‘1A) Drowning. 1B) Citalopram overdose.’ (Exhibit C2a) 1.2. The focus of the Inquest was on the events of 17 March 2004. On that day, Ms Foot made a number of efforts to obtain medical assistance for herself. She presented to a general practitioner who referred her to the Flinders Medical Centre, which after some assessment discharged her, after which she finally visited a second general practitioner who worked at the same practice as the general practitioner she had seen earlier that day. She was very distressed, apparently as a result of a relationship 2 break-up with her partner some time before, and, according to expert evidence provided to the Court, was suffering from a significant depressive condition and almost certainly that of a major depressive disorder. 1.3. The movements and activities of Ms Foot between 17 March 2004 and 24 March 2004 when she was found in the ocean off Somerton beach were not examined in detail at the Inquest. Inquiries were made Detective Senior Constable McLean in an effort to establish what, if any, other contacts Ms Foot may have had with the health system during that period. In particular, inquiries were made with the Health Insurance Commission (Commonwealth). That Commission provided Detective Senior Constable McLean with certain information which was not produced to the Inquest by reason of secrecy provisions contained in the Health Insurance Act 1973 (section 130(3A)) and the National Health Act 1953 (section 135A(3)). Those provisions prevented disclosure of the information beyond Detective Senior Constable McLean and persons involved in the investigation. However, had the material elicited from the Health Insurance Commission opened any lines of inquiries there is no doubt that Detective Senior Constable McLean would have pursued them. 2. Dr Chew – Ms Foot’s first medical appointment on 17 March 2004 2.1. Dr Angela Chew gave evidence at the Inquest. She also provided a very short written statement to Detective Senior Constable McLean by letter dated 8 April 2005 which was admitted as evidence as Exhibit C13 in these proceedings. Ms Foot attended at the Marion Domain Medical and Dental Centre where Dr Angela Chew practiced. Dr Chew had not seen Ms Foot before that day, and according to records of the Marion Domain Medical and Dental Centre which were put before the Court, she had only attended at the centre on one previous occasion on 6 January 2004 for an unrelated purpose. 2.2. Dr Chew made a brief computer record of the consultation as follows: ‘distressed crying – depression – several months – not on Rx (meaning no treatment) worse last night – suicidal ideation no family support Rx – ref FMC Outbox: Referral Letter’ (The words in parenthesis are mine). (Exhibit C15) 3 2.3. Dr Chew did write a letter to the Flinders Medical Centre Emergency Department doctor, a copy of which was admitted as Exhibit C14. The letter is extremely brief and is as follows: ‘Thank you for your advice and help with the continuing management of this patient who presented today with depression & suicidal ideation & distressed.’ 2.4. Dr Chew stated in evidence that her reason for the referral to Flinders Medical Centre was that Ms Foot was depressed and had suicidal thoughts and therefore she needed immediate treatment because she was at risk of harming herself. Dr Chew stated that she herself could not manage Ms Foot that morning and therefore referred her to Flinders Medical Centre (T26-27). 2.5. Dr Chew never saw Ms Foot again. She was shown a copy of a facsimile transmission from the Flinders Medical Centre Emergency Department addressed herself and apparently sent on 18 March 2004 at 0604. The facsimile records that Ms Foot did indeed attend at the Flinders Medical Centre Emergency Department on Wednesday 17 March 2004 at 10:08 am. It recorded that her presenting condition was “suicidal ideation, depression, not coping”. depressive disorder, single episode”. It gave a diagnosis of “major It then stated “Not Admitted to FMC – Discharged to home”. Dr Chew acknowledged that the facsimile was received by her practice. It was admitted as Exhibit C16 in these proceedings. It appears that Dr Chew was consulting with Ms Foot at approximately 9:49 am that morning (T23) therefore Ms Foot wasted no time in proceeding to the Flinders Medical Centre with the referral letter from Dr Chew. 3. Ms Foot attends Flinders Medical Centre 3.1. Dr Ching Dr Peter Chi-Ming Ching gave evidence at the Inquest. He also provided at statement to Detective Senior Constable McLean which was admitted and marked Exhibit C17. He is now an anaesthetic registrar at the Women’s and Children’s Hospital. In March 2004 he was a second year registered medical officer in the Emergency Department at Flinders Medical Centre. On 17 March 2004 he was working on the day shift. He did not recall Ms Foot and had to resort to the Flinders Medical Centre notes. Those notes showed that Ms Foot was seen by a triage nurse who made some initial observations of temperature, pulse, breathing and blood pressure at 11:15 am. Dr Ching stated he would have seen Ms Foot after that initial assessment. He took a 4 history which identified Ms Foot’s age and living arrangements and recorded that she presented with suicidal ideation and depression. She had no significant past medical history and was not taking medication. She told him that she had a long history of depression which had never been treated, but which had become acutely worse in the last few days. She referred to relationship problems with her partner or friends but would not reveal more about that to him. She stated that she was constantly crying and had increased alcohol use. She stated that she had occasional suicidal thoughts. She told him that she had plans but she would not reveal them. She told him that she did not have any close family or friends for support, had not obtained any psychiatric services in the past, and that her general heath was good. 3.2. Dr Ching did a screening physical examination and did not find any significant. 3.3. Dr Ching stated that the fact that Ms Foot had told him that she had suicidal plans but that she would not reveal to him what her plans were “is a sign of high risk” (T44). He decided to refer her for further psychiatric assessment in the Emergency Department. He stated that during the day shift there is always a mental health nurse who is attached to the Emergency Department and the Emergency Department registered medical officer (RMO) usually refers psychiatric patients for assessment by the mental health nurse. The mental health nurse then communicates with the psychiatric registrar or consultant. 3.4. He stated that he would have done a direct verbal handover of Ms Foot to the mental health nurse who was on duty. He stated that he would have also handed over the Emergency Department progress notes and the general practitioner referral letter. He stated that he had expected that Ms Foot would have been seen by a psychiatric registrar at some point because on his assessment she had “high risk suicidal signs” (T46). He did stated that not all patients are necessarily seen by the psychiatric registrar. He stated that if a patient had presented on multiple occasions with non life threatening complaints and simply needed reassurance, the patient might be seen by a mental heath nurse but not a psychiatric registrar. However, he stated that “my expectation would be that the psychiatric registrar would see all patients who presented for the first time” (T48). He stated that his expectation was that Ms Foot would be seen by a psychiatric registrar. 5 3.5. Dr Ching stated that he would have considered other possible explanations of a nonpsychiatric nature for Ms Foot’s presenting condition. He stated that he would have ruled out hyperthyroidism, for example, on her physical examination as her presenting condition did not indicate it. 3.6. Dr Ching stated that when he made his handover to the mental health nurse, the nurse in question was Michael Hawkins. Dr Ching stated the would have brought his documentation to Mr Hawkins and told Mr Hawkins about Ms Foot’s depressive condition, her suicidal ideation, and “I would have emphasised the point that she would have had plans but didn’t reveal them” (T57). He stated that he would have done that because it was something which he considered to be quite significant. 3.7. Dr Ching stated that he was not the author of the facsimile advise of discharge (Exhibit C16). 3.8. Dr Ching stated that he did not have any expectations as to whether Ms Foot would be admitted or not because it was up to the psychiatric services within Flinders Medical Centre to determine whether the patient needs to be admitted or can be managed as an outpatient or in the community (T58). 3.9. Mental Health Nurse Michael Hawkins Mr Michael Hawkins, Registered General Nurse and Mental Health Nurse gave evidence at the Inquest. He holds a Batchelor of Nursing and a Graduate Diploma of Mental Health Nursing both awarded by Flinders University. He provided a statement to Detective Senior Constable McLean which was admitted as Exhibit C19 in these proceedings. 3.10. Mr Hawkins stated that he works with the Southern Assessment and Crisis Intervention Service (Southern ACIS) and from time to time relieves in the Emergency Department at Flinders Medical Centre as the ACIS nurse. 3.11. He provided an account of the role of the ACIS nurse at the Emergency Department at Flinders Medical Centre which corresponded largely with that of Dr Ching. He stated that the patient would be seen by the triage nurse, and if assessed as being a psychiatric patient, would then be seen by the registered medical officer on duty. If the registered medical officer confirmed the view that there was a psychiatric issue, then the registered medical officer would refer the patient to the mental health team. 6 At that point the Mental Health Nurse would become involved. He stated that the Mental Health Nurse might send the patient to the psychiatric registrar or consultant, but added that it was his understanding of the practice at the time, which I took to be March 2004, that the Mental Health Nurse might also decide upon a management plan for a patient. He said that in that case the plan would be discussed with the registrar or consultant and if agreed the Mental Health Nurse would implement the plan. The implication of this was that he had an understanding that not all patients would necessarily be referred to the psychiatric registrar or consultant by the Mental Health Nurse. The relevance of this will become more apparent in due course. 3.12. Mr Hawkins stated that he could not recall now but that it was most likely that he would have had the documentary material which had been gathered to that point in relation to Ms Foot, namely the progress notes of Dr Ching, and Dr Chew’s note of referral. Mr Hawkins recorded his own history and assessment on a document headed “Community Assessment Record”. He stated that the assessment would have taken approximately forty-five minutes. He assessed Ms Foot as a young person of high alibility to carry out daily living. He noted that she was enrolled in Occupational Therapy and had completed her first year and was therefore a highly functioning person who was able to overcome disadvantages in her life. He did not think she was chronically depressed but was depressed by her recent break-up. He rated her risk of self-harm to be moderate. He noted that she had a good relationship with her family and particularly her younger brother. He did not think her stated plan of overdosing on “whatever I can get” was a specific plan against the context of her relationship break-up. 3.13. He assessed that she had situational crisis leading to a depressive episode. He recorded that he had discussed the matter with the psychiatric registrar who, on Mr Hawkins recommendation, provided four Diazepam 5 mg tablets to help with sleep over the next two or three days. He stated that this would have been approved by the psychiatric registrar but he could not remember who the registrar was. He acknowledged a photograph of an envelope bearing the words “Diazepam 5 mg” as a depiction of the envelope he would of provided to Ms Foot containing the four Diazepam tablets and that the handwriting was his. 3.14. The second aspect of his management plan was to request Southern ACIS to make contact with Ms Foot between 1600 and 1800 hours that day for short-term support 7 and referral as determined. He stated that he would have gathered together all of the relevant documents and then written a covering note on a facsimile cover sheet and faxed the information to Southern ACIS. He then would have rung the triage worker at Southern ACIS to confirm that the papers had arrived. He said that Southern ACIS would then have opened an interim file while awaiting contact with Ms Foot. 3.15. He also stated that the triage worker at Southern ACIS would have discussed the case with the Southern ACIS consultant. A copy of the bundle of documents which was provided by Mr Hawkins to Southern ACIS was admitted as Exhibit C20 in these proceedings. The facsimile transmission was dated 17 March 2004 and was sent at 1315 hours on that day. 3.16. Finally, Mr Hawkins provided details of a general practitioner – Dr Helen Sage – because of the importance of having a regular general practitioner. He stated that would not have done this if he had obtained the impression that Ms Foot would return to Dr Chew. He stated that it was important to stress the need for a patient in Ms Foot’s circumstances to have a regular general practitioner: ‘It's critical, I believe, because if someone is to be given medication to assist with their depression it is critical that the person who prescribed it follows it up.’ (T75) 3.17. He stated that, as at 17 March 2004, he was not aware of any protocol within the Emergency Department at Flinders Medical Centre that a patient presenting with psychiatric symptoms who had never been seen before by the department, should be seen by a psychiatric registrar. 3.18. Mr Hawkins was not represented by Counsel for the Flinders Medical Centre in these proceedings. He was represented by his own Counsel. Counsel for the Flinders Medical Centre asked Mr Hawkins questions about the orientation which he would have received when he first went to work in the Flinders Medical Centre Emergency Department. He was asked particularly about guidelines as to when a patient needed to be seen by the psychiatric registrar. Mr Hawkins could not recall specifically, but stated that he recalled that the criteria were much the same as they would have been in Southern ACIS where, if a nurse felt that it was important for one of the doctors to start the patient on a course of medication then the patient would be referred to the doctor, or if the patient was thought by the nurse to be detainable then the patient would be referred to the doctor. However, if the decision was made that the person’s condition did not warrant admission, it was possible for the nurse to make that 8 decision. When questioned by Counsel for the Flinders Medical Centre whether he understood in March 2004 that a patient such as Ms Foot who had not previously been seen by the psychiatric team at Flinders Medical Centre and was presenting with a psychiatric condition should be seen by a psychiatric registrar he stated “I understand after the event that that is the current protocol. At the time I did not know that.” 3.19. Mr Hawkins stated that he thought it was unlikely that he would have recommended to the psychiatric registrar that the registrar not see the patient, but he believed that he would have had a discussion with the psychiatric registrar about his proposed course of action, and that the psychiatric registrar would have agreed with it. Strangely, Counsel for the Flinders Medical Centre asked him why he did not recommend to the psychiatric registrar that the patient be examined by that registrar. This seems to me to be an unusual proposition to put to a mental heath nurse working within the Flinders Medical Centre Emergency Department; I would have thought it more consistent with the hierarchical relationship between registrar and nurse that the nurse would take his or her cue from the registrar in these matters. 3.20. It was put to Mr Hawkins by Counsel for the Flinders Medical Centre that the Diazepam should not have been provided to Ms Foot without her having been seen by a doctor. He stated that he is now well aware that a medical practitioner should not authorise the provision of medication to a patient without actually seeing the patient but could not remember what his knowledge was at the time. 3.21. It will be noted that according to Mr Hawkins account of his dealings with Ms Foot, there were at least two significant differences between her account to him and her account to Dr Ching and Dr Chew. In particular, Dr Ching was concerned that Ms Foot had a suicidal plan but would not reveal it to him. Dr Ching regarded that as particularly significant. However, by the time Ms Foot saw Mr Hawkins, her account had changed; to Mr Hawkins she was saying that her plan was to overdose on whatever she could get. Secondly, she had told both doctors Chew and Ching that she did not have good family support; to Mr Hawkins, she stated the opposite. Mr Hawkins was questioned extensively about the significance of these differences. It appears that he did not attach any great significance to these differences and accepted the account given to him by Ms Foot as an accurate representation of her state of mind and beliefs when he saw her. He acknowledged that psychiatric patients 9 sometimes conceal the truth or even lie. He simply stated that his assessment of her was at the time she was speaking to him she was truthful. 3.22. In my view, this approach by Mr Hawkins is altogether too glib. By the time Ms Foot saw Mr Hawkins, she had already had contact with doctors Chew and Ching to whom she had provided histories, and at least one, possibly two nurses at the Flinders Medical Centre to whom she had also provided details. It is very likely by the time she saw Mr Hawkins that she may have been impatient, and altering her account to move through the system more quickly. In my view, Mr Hawkins should have been alerted to a possible problem with the differing accounts. He agreed that given the differences in presentation it would have been prudent in hindsight to ask the psychiatric registrar to assess her (T99). 4. The position of Flinders Medical Centre in the Inquest – Statement of Professor Ross Kalucy 4.1. After the commencement of the Inquest on the first day of hearing, the solicitors for Flinders Medical Centre forwarded to the Court a statement of Professor Ross Kalucy. That statement was subsequently verified by affidavit made on 29 June 2006 and admitted in evidence as Exhibit C23. 4.2. The statement identifies Professor Kalucy as the Head of the Department of Psychiatry at the Flinders Medical Centre and the Director of Emergency Mental Health at Flinders Medical Centre. Professor Kalucy states that he is familiar with the facts of this Inquest and has read the statements of doctors Ching and Morris and Registered Mental Health Nurse Hawkins and a report provided to the Court by Professor Goldney. I will quote from the statement because it is significant: ‘5. The mental health service supplied to the Emergency Department (ED) of FMC should operate in the following way: 5.1 There are senior ACIS nurses who are available in the ED to review patients who attend with psychiatric symptoms or conditions. There is also a Psychiatric Registrar and myself available to review patients. 5.2 Between 8.00 to 8.30 each morning, 10.00 to 10.30 a.m., 12.00 to 12.30 p.m. and then again at mid-afternoon, there is a handover between the ACIS nurses, the Psychiatric Registrar and myself. All cases are reviewed. During the morning I review all detention orders and the Psychiatric Registrar will review patients referred by the ACIS nurses. 10 5.3 All patients should be referred by the ACIS nurses to either the Psychiatric Registrar or myself unless the patients are extremely well known to us so long standing management plans can be put in place by the ACIS nurses. 4.3. 6. I am uncertain as to why Mick Hawkins was on duty as an ACIS nurse. He is not the usual ACIS replacement nurse who comes to the ED. It is possible that he did not receive proper orientation as to the system that operates in the ED with respect to providing mental health nursing and psychiatric assistance. 7. I have no understanding from the documents I have reviewed why Ms. Foot was only reviewed by Mr Hawkins without any follow-up by the Psychiatric Registrar. In my experience, this was an extremely rare event. 8. From my experience and understanding of how the mental health services operate with the ED when a patient presents as Ms. Foot did, she was dealt with in what I can only say is an extremely anomalous fashion. 9. It is not the policy of the psychiatric team working within ED to provide drugs without the patient being reviewed by either the Registrar or myself. It is also the policy of the department that any patient who presents with a specific problem, such as depression and suicidal ideation, is to be referred to a Psychiatrist for review. 10. (Omitted) 11. (Omitted) 12. (Omitted) 13. In summary, Ms. Foot should have been reviewed by the Psychiatric Registrar given her presentation to the ED and most importantly because she was not known to the team. 14. (Omitted) 15. (Omitted) 16. The department is in the process of committing to writing some guidelines for the ACIS nurses and all staff who make up the psychiatric team operating in the ED. I understand also that ACIS is general1y developing a new system whereby there will be services offered to patients who need acute intervention and alternative services to patients who :may need long term fol1ow-up care in the community, say for a period of twelve months.’ (Exhibit C23) The omitted passages are to the effect that it is unusual for Diazepam to be provided in the manner that it was to Ms Foot, that Professor Kalucy is unable to say whether Mr Foot should have been detained but that she could certainly have had an overnight stay in the Extended Emergency Care Unit at Flinders Medical Centre, and that voluntary admission could have been considered. He stated that it would also have been possible to arrange a more intensive community care program, including to Dr Chew as distinct from a new general practitioner. He also states that he is concerned that Mr Hawkins not be entirely blamed for the problems that have arisen 11 and that he had little experience of the Emergency Department and the policies of the psychiatric team but is known to have a long history of a mature and professional attitude. 4.4. The provision of this statement on the first day of the Inquest shows a belated acceptance by Flinders Medical Centre of deficiencies in the handling of Ms Foot’s case. It would have been far more useful if these acknowledgements of shortcomings had been made at a much earlier stage. Flinders Medical Centre has been well aware of these proceedings for a considerable amount of time. Counsel for Flinders Medical Centre had no proper explanation of why the concessions were not forthcoming much earlier. She was only able to say that the Inquest material was provided to the hospital at some time previously. 4.5. It is disappointing that significant concessions of shortcomings in the treatment of a patient should only be made by a public hospital on the first day of an Inquest into the death of that patient. Earlier advice of a concession such as this matter might have the potential to refocus the direction of the Inquest in a way that might produce more useful outcomes. 5. Mr Hawkins level of understanding of Flinders Medical Centre’s stated policies as at March 2004 5.1. At T106 Mr Hawkins made it plain that it was not his understanding as at March 2004 that a patient who presented with a specific problem such as depression or suicidal ideation was to be referred to a psychiatrist for review. He stated that a nurse could not offer medication without discussing the matter with the registrar or consultant first. It will be noted this contrasts quite starkly with the policy as stated by Professor Kalucy in his statement. Mr Hawkins acknowledged that it would be unusual for medication to be provided without the patient having been seen by the doctor, but not “very unusual”. 5.2. At T112 Mr Hawkins stated that he did not advise Ms Foot to go to a general practitioner to obtain antidepressant medication (T112). He stated however that it was probably likely that he would have discussed antidepressants with her. 6. Dr David Morris – the events of the evening of 17 March 2004 12 6.1. Dr David Morris gave evidence at the Inquest. He stated that he practices as a general practitioner at the Marion Domain Medical Centre. He was interviewed by Detective Senior Constable McLean and a record of that interview was admitted as Exhibit C21 in these proceedings. 6.2. Dr Morris gave evidence that Ms Foot attended at the practice at 7:22 pm on 17 March 2004. She waited until 8:10 pm when she was assigned to Dr Morris. Dr Morris started to enter a record of the consultation into the computer system at 8:32 pm. He stated that Ms Foot was the last patient he saw on that day and that he had never seen her before. He stated that he would have accessed Ms Foot’s computerised notes, and that Dr Chew’s record of consultation was available to him on the computer and he accessed it at the time of his consultation with Ms Foot. 6.3. Dr Morris stated that Ms Foot was very reserved and withdrawn and that it was difficult to take a history from her. He thought that she had been assessed by a psychiatric registrar at Flinders Medical Centre and did not know that she had only been seen by a psychiatric nurse. Ms Foot told him that she had been given a small supply of Diazepam to assist her to sleep. She taken some that afternoon to help her sleep but they had been ineffective. He said that her opening remark to him was that she had come to see him at Flinders Medical Centre’s request to obtain antidepressants. He stated that this is a little unusual because a patient usually would be provided with antidepressant medication at the Flinders Medical Centre pharmacy in those circumstances. However, in some situations a patient may not want to wait for medication to be dispensed at the hospital and they come back to a general practitioner. This also assists to forge a link with the general practitioner. 6.4. He stated that he made no physical examination of Ms Foot. He said that she was initially reluctant to talk but gradually opened up. She mentioned her boyfriend and her break-up. Dr Morris was concerned about the suicidal thoughts expressed to Dr Chew earlier, but Ms Foot reassured him that she had become happier over the course of the day. Dr Morris formed the view that she would not be an immediate risk to herself at that time. He stated that he gave her antidepressants but not just because she asked for them, but as a result of his consideration of her circumstances and history. He did not recall her mentioning the referral to Southern ACIS. 13 6.5. He stated that he gave Ms Foot two “starter packs” of the antidepressant Cipramil. He stated that the starter packs are supplied to general practitioners by pharmaceutical representatives and can be useful to provide a patient with a small supply to get started. If the patient tolerates the medication well, then the doctor can give a prescription later. 6.6. Dr Morris stated that he gave Ms Foot two packs of Cipramil with seven tablets in each pack, which is how they are provided to him by the drug company. He provided her with two packs because there is a delay in the onset of benefit from the antidepressant of up to ten to fourteen days, and it was his policy to give enough medication to get the patient to start to feel some benefit, get through any troublesome side effects, and then review the patient’s progress at the end of the ten to fourteen day period to see how they were managing (T130). 6.7. Dr Morris stated that he would have made Ms Foot aware of the potential side effects of Cipramil which he stated can include nausea, dizziness and insomnia. He suggested to Ms Foot that she should start with half a tablet for a few days until she became used to the medication and then move up to a full tablet daily. He also provided her with the sleeping medication Stilnox in a starter pack form to assist her with her sleep. He stated that it was his understanding that even if Ms Foot had taken all of the Cipramil and Stilnox which he provided to her that evening in one dose it would not have been lethal. 6.8. He stated that when he provides a patient with an antidepressant medication such as Cipramil he likes to take responsibility for the seeing the patient at follow-up. He believed that he would have offered Ms Foot the choice of coming back to see him at ten days or possibly Dr Chew if she wanted. He would have told her what days and hours he worked and told her how to register to see him again. 6.9. Dr Morris stated that he was of the understanding that Ms Foot would come back to see either himself or Dr Chew at the follow-up at which time he hoped that the medication he provided would have become effective (T135-136). 6.10. Dr Morris stated that his next contact was when Ms Foot’s sister Kylies contacted him to inform him of Ms Foot’s death. He then had some meetings and discussions with Ms Foot’s family and has generally made himself available to the family at all times. Dr Morris was asked whether he was aware in March 2004 of any risk factors peculiar 14 to any age group in the prescription of Cipramil. He stated that in March 2004 he believed that the provision of antidepressants such as Cipramil to young children was not recommended but that in people of Ms Foot’s age group he had prescribed it for many years with no problems. He stated that Ms Foot’s sister Kylies had pointed out to him that there was some evidence even at that time that there may be some increased risk of suicidality with users of SSRI’s (Selective Serotonin Reuptake Inhibitor) such as Cipramil but that he had not been aware of it at that time. 6.11. At T142 Dr Morris states that he has changed his approach to the prescription of antidepressants in that he now ensures that he raises with patient’s the possibility of increased thoughts of suicide and tries to establish that there is a support system that the patient’s can use during the time they are in the early stages of antidepressant therapy or withdrawal. 6.12. Dr Morris pointed out that an appointment to see a psychiatrist in private practice can take two months from arrangement to the first visit. He also said that to see a general practitioner frequently in the first ten days of commencement on an antidepressant medication can be problematic for some general practitioners who are booked out for a week in advance. 7. Toxicology results – Peter Felgate 7.1. Mr Peter Felgate is the Manager of the Toxicology Group at the Forensic Science Centre of South Australia. He has worked in that capacity since 1974. 7.2. Mr Felgate identified two toxicology reports which were admitted and marked Exhibit C3a and C24 respectively. Exhibit C3a was a report dated 27 May 2004. It reported that the drugs detected in the peripheral blood of Ms Foot were: 7.3. ‘(1) 2.1 mg citalopram per L. (lethal concentration) (2) 63 mg ibuprofen per L. (excess but probably not toxic) (3) 0.13 mg zolpidem per L. (therapeutic concentration) (4) approximately 0.1 mg diazepam per L. (therapeutic concentration)’ Exhibit C24 was a second report dated 31 August 2005 which was specifically testing for citalopram. That report returned a result for the peripheral blood of 2.2 mg of citalopram per litre (potentially lethal). 15 7.4. At T185 Mr Felgate explained the difference between the two reports in their description of the citalopram concentrations as lethal on the one hand and potentially lethal on the other. He stated that the description “potentially lethal” was his preference because it took into account the findings of the pathologist who gave drowning as another cause of death. He acknowledged that the concentration could cause the death of a person but because there is another cause, namely drowning, it was preferable to use the expression “potentially’”. I do not think much turns on this, because Dr Gilbert did indeed find drowning to be a cause of death. The very high concentration of citalopram in Ms Foot’s blood stream may well have caused her to be drowsy with the result that she was more likely to drown. However, it appears that the mechanism of death was more likely to be drowning than toxicity. However, it is certainly correct to say that citalopram toxicity was a cause of death in the sense that it was contributory. 7.5. Mr Felgate stated that two phials of blood were taken from the peripheral regions of Ms Foot’s body at autopsy. From these, two sets of tests were carried out, one in 2004 and the second in 2005 on the dates recorded above. The first test gave a recording of 2.1 mg per litre and the second gave a recording of 2.2 mg per litre. Mr Felgate explained that the difference between these two is purely an analytical error and within the accepted variation of plus or minus twelve percent on the mean of the results. He stated that there was no possibility of there being any laboratory error and that the Forensic Science Centre is accredited by NATA. 7.6. Mr Felgate that he would not expect a concentration of 2.2 mg per litre from fourteen Cipramil tablets (T176). 7.7. Mr Felgate stated that post mortem redistribution can affect post mortem blood concentrations. He stated that it may therefore be that prior to death Ms Foot’s Cipramil concentration may have been as little as 1.1 mg per litre taking account of post mortem redistribution (T177). However, at T177 Mr Felgate stated that fourteen Cipramil tablets would be “very unlikely” to account for a concentration of 1.1 mg per litre of Cipramil in Ms Foot’s blood stream. He also stated that Ms Foot’s low weight of 57 kilograms would be unlikely to provide an explanation either. Mr Felgate also expressed the view that he thought it unlikely that the presence of water in Ms Foot’s lungs or otherwise from her having been in the water for an 16 extended period before being found, would be likely to result in an increased concentration of Cipramil in her blood stream. 7.8. At T191 Mr Felgate gave evidence that in order to achieve a toxicology result of 1.1 mg per litre (this being a result assuming that post mortem redistribution had its full effect) Ms Foot would have had to have taken fifty of the 20 mg tablets to achieve such a concentration. To achieve a concentration of 2.2 mg (which would be necessary if there had been no post mortem redistribution effect) the required dosage would have been one hundred 20 mg tablets. It will be recalled that Ms Foot was provided with fourteen 20 mg tablets by Dr Morris (T14). 7.9. There is no evidence before the Court to demonstrate that Ms Foot obtained any more than fourteen Cipramil tablets in the period between 17 March 2004 and 24 March 2004. However, Mr Felgate’s evidence shows that in order to achieve the lethal concentration of Cipramil that was found to be in her blood, she would have had to have consumed between fifty and one hundred Cipramil tablets. Unfortunately, there is no explanation for this apparent anomaly. I can only conclude that Ms Foot obtained further Cipramil medication from a person or persons unknown. 8. Flinders Medical Centre – the identity of the Psychiatric Registrar to whom Mental Health Nurse Hawkins spoke 8.1. Shortly before this Inquest started it came to the attention of the Court that Ms Foot’s mother received a letter from Flinders Medical Centre dated 5 April 2004 which was sent in response to an application made under the Freedom of Information Act 1991 for access to documents relating to Ms Foot. The letter was admitted as Exhibit C27 in these proceedings. It contains the following sentence: ‘With regard to the name of the Psychiatric Registrar with whom Brodie’s case was discussed, I understand that it was Dr Spick.’ The letter is signed by Mr P Edwards, Manager, Freedom of Information. 8.2. This letter was made available to Counsel Assisting me shortly before the commencement of the Inquest. Accordingly, a summons was issued requiring the attendance of Dr Spick at the Inquest. Dr Spick was available at short notice and attended in response to the summons and gave evidence at the Inquest. 17 8.3. Dr Spick said that he was working as a psychiatric registrar at Flinders Medical Centre in early 2004, and would have been working on 17 March 2004. He stated that at that time there were four psychiatric registrars in the department (T194). 8.4. At T202, Dr Spick stated that it was his practice that he would always see a patient if an ACIS nurse requested that he do so unless he was busy with some other patient or task and was unable to see the patient in which case the nurse would be referred to another psychiatric registrar. Dr Spick stated that if he had been the registrar and had been handed the paperwork prepared by Nurse Hawkins he would have gone and seen Ms Foot. He stated at T203 that he would have done this “Because I believe that firstly, from this paperwork it's not clear that she's known to the service…” 8.5. At T205 Dr Spick was asked whether he had any recall of whether he saw Ms Foot on 17 March 2004. He replied “I definitely did not see her. I don't have any recollection of seeing her at all.” He was asked if he recalled Nurse Hawkins discussing Ms Foot with him on 17 March 2004 and he replied that he did not. 8.6. At T210 Dr Spick was asked, having reviewed the Flinders Medical Centre notes whether there were any entries or signatures entered by him and he replied in the negative. At T212 he repeated that his position would have been that he would have seen Ms Foot if requested to do so or informed Mr Hawkins, if Mr Hawkins had discussed the matter with him, that he was not available and could not see her until later and that if he needed her to be seen immediately he would have to get somebody else to see her. 8.7. Thus far I have summarised Dr Spick’s evidence in chief. He completed his evidence in chief at the end of an afternoon. As matters then stood, Dr Spick had been identified as the Registrar concerned in a letter provided by the Flinders Medical Centre to Ms Foot’s mother but Dr Spick’s evidence to that point was that he denied that he had been properly identified. The Flinders Medical Centre was requested to carry out inquiries overnight with a view to determining how Dr Spick came to be identified. When Court resumed the following morning, Counsel for the Flinders Medical Centre advised that she had made arrangements for the Freedom of Information Officer, Mr Edwards, to be present in Court. I decided to interpose Mr Edwards. I asked counsel for the Flinders Medical Centre if she had obtained instructions in relation to the matter and she responded that she had and that Mr 18 Edwards was ready to give evidence to explain what enquiries he had carried out, referring to appropriate documentation. Accordingly, Mr Edwards was interposed. 8.8. Mr Edwards gave evidence that he had been contacted by Ms Foot’s sister Kylies shortly after Ms Foot’s death. He had attempted to provide her with information as to what had occurred when Ms Foot attended at the Flinders Medical Centre on 17 March 2004. At T227 Mr Edwards stated that he had spoken to Mr Hawkins and established that he was the Mental Health Nurse who saw Ms Foot. He could not recall if he asked Mr Hawkins who the psychiatric registrar was. If he had made such an inquiry he had made no record of it in his notes. I think it is unlikely that Mr Hawkins identified Dr Spick as the psychiatric registrar to Mr Edwards. Had Mr Hawkins identified him, I believe that Mr Edwards would have made an entry to that effect in the notes that he was making contemporaneously with that contact. Significantly, Mr Hawkins was asked by his own Counsel at T72 whether he recalled who the psychiatric registrar was and he replied “I’m sorry I have no recollection”. He could not recall if the psychiatric registrar was male or female. At T241 Mr Edwards was asked whether if Mr Hawkins had identified the name of the psychiatric registrar he would have written it down. He replied: ‘Absolutely, I wouldn't have had any reason not to write it in there.’ 8.9. Mr Edwards gave evidence that he advised the Clinical Risk Manager, Ms Gail McBain, of the contact he had had with Ms Foot’s family. He also passed this information on to the Clinical Governance Division. He said that he believed that the Director of Clinical Governance at that time would have been either Annette Ferris or Professor David Ben-Tovim. 8.10. At T231 Mr Edwards was asked if he could explain how he identified Dr Spick in the letter to Ms Foot’s mother. He was unable to give any explanation. However, he did explain that it was his custom and practice to attempt to assist grieving families. At T232 he said he had no recollection of how he tried to identify the psychiatric registrar. He said that he assumed that he would have spoken to staff within the Emergency Department and possibly spoken to some doctors. However he had no recollection of how he identified Dr Spick as the psychiatric registrar, and stated that this was something which he deeply regretted “now that I’m sitting here” (T233). At T234 he stated that he may have spoken to the doctor whom he named, but he could not be certain of it. 19 8.11. At T244 Mr Edwards stated that despite inquiries he had made he was unable to explain how he formed the belief that Dr Spick was the psychiatric registrar to whom Mr Hawkins spoke. In summary, Mr Edwards was unable to provide any useful assistance to the Court about the reliability of his identification of Dr Spick. At this stage of proceedings, Dr Spick himself had denied any involvement in examination in chief, and Mr Edwards was unable to provide any satisfactory explanation as to his identification of Dr Spick. Flinders Medical Centre provided the Court with no explanation of its own position, despite having been afforded an opportunity overnight to do so. Flinders Medical Centre was aware that Dr Spick suffered from a serious illness that I need not identify. 8.12. When Dr Spick’s evidence resumed, counsel for the Flinders Medical Centre exercised her right to cross-examine Dr Spick. In answer to questions from counsel from the Flinders Medical Centre, Dr Spick conceded that he may have been the psychiatric registrar to whom Mr Hawkins spoke but that he simply did not have any recollection of the matter. 8.13. In the end, it became apparent that Dr Spick had no recollection of seeing Ms Foot and that no one else was in a position definitively to assert that he did. Dr Spick very forthrightly conceded that there was a possibility that he may have been the psychiatric registrar to whom Mr Hawkins spoke, but it is by no means certain that he was the registrar, and there were a number of other psychiatric registrars in the department at that time who may have been the person concerned. 8.14. Flinders Medical Centre had knowledge through the Clinical Risk Manager, Ms McBain, and the Director of Clinical Governance who was then either Annette Ferris or Professor David Ben-Tovim, that Ms Foot had died, and the circumstances in which she had died, and the fact that her family were concerned. They had this knowledge from late March 2004. These people were also aware that Mr Edwards had some knowledge of the matter. They were always in a position to have examined the Flinders Medical Centre notes and to make their own efforts to identify the psychiatric registrar to whom Mr Hawkins spoke. By the time the Inquest was heard it was impossible to reach any conclusion about that. No doubt it would have been a relatively simple task to have established the identity of the psychiatric registrar in late March or early April 2004 if either the Clinical Risk Manager or the Director of Clinical Governance had bothered to do so after being informed by Mr Edwards of the 20 issue. Instead nothing was done, and Flinders Medical Centre allowed a situation to develop in which Dr Spick was subjected to the distress of having to give evidence and be subjected to cross-examination, including by Counsel for the Flinders Medical Centre. I note that Dr Spick ceased to work the Flinders Medical Centre in August 2004. 8.15. It is disappointing that the Flinders Medical Centre did not carry out, through the Clinical Risk Manager, or the Director of Clinical Governance, some better investigation of the identity of the psychiatric registrar than that which Mr Edwards was able to carry out. Had they done so, Dr Spick may have been spared the discomfort of having to give evidence if, indeed, he were not the psychiatric registrar concerned. If he had been identified as the psychiatric registrar concerned, then no doubt he would have been informed of the matter much sooner, and he would have had a proper recollection of events and, presumably, would have been provided representation by Flinders Medical Centre rather than having been subjected to crossexamination by Flinders Medical Centre’s own Counsel. 8.16. The result was that the Court spent more than half a day pursuing a line of inquiry that went nowhere. Furthermore, because of the delay involved in the interposition of Mr Edwards, and the fruitless cross-examination of Dr Spick, Professor Goldney, who had been warned as a witness for the last afternoon of the Inquest, had to be put off until another day. This resulted in considerable inconvenience and expense to the Court, to Professor Goldney and to Ms Foot’s family. 9. Professor Goldney 9.1. Professor Robert Goldney provided a report to the Court in relation to the treatment of Ms Foot. The report is dated 20 August 2005. Professor Goldney is a distinguished psychiatrist. He has provided many medico legal opinions in the field of psychiatry, he is a Professor of Psychiatry (part time) at the University of Adelaide and also conducts a private practice in general psychiatry. Professor Goldney’s report was admitted as Exhibit C.29 in these proceedings. He also gave evidence at the Inquest. 9.2. In Exhibit C.29 Professor Goldney stated that it is evident that Ms Foot had a significant depressive condition and almost certainly a major depressive disorder. He was critical of the management of Ms Foot at the Flinders Medical Centre. He considered that her assessment and management was not adequate. He pointed out 21 that she was not seen by a Psychiatric Registrar and he considered that the importance of a major depressive diagnosis was not properly recognised, or at the very least, not properly documented. Professor Goldney was highly critical of Mr Hawkins’ suggestion to Ms Foot that she consult a different General Practitioner from the General Practitioner who had referred her to Flinders Medical Centre (Dr Chew). I agree with Professor Goldney. Mr Hawkins was no doubt well intentioned in suggesting that Ms Foot consult a particular General Practitioner. However, it is inappropriate and unprofessional for a clinician to refer a patient to a General Practitioner other than the referring General Practitioner in these circumstances. I note that Mr Hawkins recommended the other General Practitioner because he was a patient of that General Practitioner. This exacerbates the problem. Mr Hawkins allowed his personal experiences and knowledge to interfere with his professional judgement. It goes without saying that it is inappropriate for a Psychiatric Nurse at a public hospital to suggest that patients at that hospital should consult the nurse’s own General Practitioner. 9.3. Professor Goldney was also critical of the decision to provide Ms Foot with diazepam when she had not been seen by a Psychiatric Registrar or other Medical Practitioner. Once again, it need hardly be stated that the provision of psychotropic medication such as diazepam to a patient who has not been seen by a Medical Practitioner by a member of the non medical staff at a public hospital is extraordinary. It clearly should not have happened and this was conceded by Flinders medical centre through its counsel. 9.4. Professor Goldney could not account for the reported blood concentration of Citalopram in Ms Foot at autopsy. This must remain one of the mysteries of this case. As I have already stated, it appears that Ms Foot was able to obtain supplies of Citalopram in addition to those that were given to her by way of the sample packs from Dr Morris. The evidence available to me simply does not cast any light upon where she obtained that additional Citalopram. 9.5. Ms Foot’s family was concerned about the provision of Citalopram to Ms Foot. Citalopram is an antidepressant medication and is one of the class of drug known as an SSRI or Selective Serotonin Re-uptake Inhibiter. Their concern was based upon reports of suicidal behaviour in association with SSRI antidepressants. Professor Goldney has written an article on this topic which was published in the Australian and 22 New Zealand Journal of Psychiatry 2006; 40: 381-385. A copy of the article was admitted as Exhibit C.29a in these proceedings. In that article, Professor Goldney refers to “increasing media scrutiny and criticism about the use of antidepressant drugs and their possible association with suicidal behaviours”. The import of the article Exhibit C.29a and Professor Goldney’s report Exhibit C.29 is that ''The best available evidence is that at the population level there is no convincing evidence that SSRIs are associated with suicidal behaviour.” “However, whilst such studies at the population level are reassuring in regard to the use of SSRIs in depressed persons, one can never exclude the possibility that there may be an idiosyncratic response of an individual to a drug ….. just as there can be to any other medication. However, the data, at the population level, do not support the assertion that SSRIs such as Citalopram are causally related to suicidal behaviour”. 9.6. Professor Goldney informed the Court both in his report, and his oral evidence, that he sits on an advisory panel of the pharmaceutical company Lundbeck Australia, which is the manufacturer of the drug Citalopram. He made this disclosure lest it be thought that his evidence might be coloured by his association with that company. I am grateful to Professor Goldney for disclosing this involvement, but I have no hesitation in accepting his evidence upon this topic. Citalopram is only one of many SSRI antidepressants available on the market. The concerns raised in media reports about SSRIs are not confined to Citalopram. There is an extremely wide base of manufacturers producing SSRI antidepressants on the market. It would be most unlikely that a distinguished academic and clinical practitioner such as Professor Goldney would allow his independent judgement to be compromised by his role as an advisor to one of the companies in that market. 9.7. There seems to be little doubt that the majority of psychiatric opinion supports the conclusion that, at the population level, antidepressants provide significant relief to many in the community who suffer from depression. I do not consider that there is any basis to conclude that Ms Foot’s tragic death was induced by her consumption of the medication Citalopram. 9.8. Professor Goldney had no criticisms to make of Doctors Chew, Ching or Morris in their treatment of Ms Foot. He had no criticism of Dr Morris in providing the sample 23 packs of Citalopram to Ms Foot. He noted that patients can have reactions to particular antidepressants and the provision of starter packs is a useful aid in determining whether a patient can tolerate a particular antidepressant without the patient having to incur the expense of paying for a full prescription in the first instance. This appears to be a sensible approach and I have no disagreement with Professor Goldney’s opinion. 9.9. As I have already noted, Professor Goldney is of the opinion that Ms Foot did not receive optimum psychiatric care at Flinders Medical Centre. He considered that it was not adequate that Mr Hawkins simply spoke with a Psychiatric Registrar and that Ms Foot was not actually assessed by the Psychiatric Registrar. Professor Goldney was critical of the fact that the psychotropic medication diazepam was provided to Ms Foot when she had not been seen by a Medical Practitioner. With great respect to Professor Goldney I consider that he may be understating the inadequacy of the service provided by Flinders Medical Centre in this matter. The inadequacies speak for themselves. The fact that Ms Foot was not seen by a Psychiatric Registrar has been acknowledged by the Flinders Medical Centre as a failure of its own policies and procedures at the relevant time. This is a appropriate concession that could not have been avoided. It is unfortunate that it was not made at an earlier time. In my opinion it is obvious that Ms Foot should have been seen by a Psychiatric Registrar. 9.10. Professor Goldney commented on the observation of Mr Hawkins that Ms Foot appeared to be less distressed towards the end of his consultation with her and he considered that she was improving. Professor Goldney stated that this overlooks the fact that symptoms of depression can fluctuate within as short a period as one day. He also referred to the so-called diurnal mood variation as a result of which people with depression are often worse in the morning than in the afternoon. Thus when Dr Chew saw Ms Foot in the morning, she may have appeared more depressed than she did that afternoon. Professor Goldney gave evidence that: ''The important thing is to believe one’s colleagues”1. He stated that if one Clinician has said that a person was severely depressed, another Practitioner should not dismiss that lightly. 1 Transcript, page 293 24 9.11. Professor Goldney was concerned about the number of Practitioners that Ms Foot saw on the day in question. It will be recalled that she saw Dr Chew in the morning and Dr Ching at the Flinders Medical Centre Emergency Department. She was then referred to Mr Hawkins who then referred her to Southern ACIS. She then returned to the Domain Medical Practice but instead of seeing Dr Chew again, she saw Dr Morris. As Professor Goldney said, Dr Morris was ''the fourth helping person that she’s seen in one day” He added: ''That’s not the way to treat somebody. Really there has to be some sort of sense of ongoing responsibility”2. 9.12. It is most unfortunate that Ms Foot was not cared for by one or perhaps two Practitioners on that day. I can well imagine that she must have felt that she was being referred from one person to another without being provided with definitive treatment until she finally saw Dr Morris. I agree with Professor Goldney that this case shows that persons in Ms Foot’s situation need to have a sense that a particular Medical Practitioner or Psychiatrist has assumed continuing responsibility for their care. 9.13. Professor Goldney said that Dr Morris should have recorded in his notes the number of Citalopram tablets he provided by way of sample medication to Ms Foot. Although Dr Morris was able to reconstruct the number from memory - and I accept his evidence in relation to the number he provided - it was not satisfactory that he did not make a clear record of the number provided in his notes. 10. Conclusion 10.1. Unfortunately, the source of the additional Citalopram which Ms Foot must have consumed remains a mystery. There is no doubt that it was most unfortunate that Ms Foot was passed from practitioner to practitioner on the day on which she sought treatment, culminating with the provision of the sample packs of Citalopram by Dr Morris. If she had been able to obtain continuing care from one of the practitioners she saw on that day, she may have been more reassured, and better able to overcome her sense of hopelessness. It goes without saying that the Flinders Medical Centre 2 Transcript, page 327 25 failed in its responsibility to Ms Foot by failing to ensure that she saw a Psychiatric Registrar on the day in question, and in providing her with diazepam medication when she was not seen by a Medical Practitioner. However, the provision of the diazepam cannot be shown, of itself, to have been causative of her death. The Flinders Medical Centre has acknowledged the failures of that day. It asserts that they were anomalous and were contrary to Flinders Medial Centre’s own policies and procedures. Unfortunately, Flinders Medical Centre’s inadequacies were exacerbated by the baseless identification of Dr Spick as the Psychiatric Registrar in question when there was no evidence to support this contention. There was evidence to show that Dr Spick saw two other patients referred to the Emergency department on that day. However, this says nothing about whether or not he saw Ms Foot. On the one hand, the fact that he was recorded as seeing two other patients, and not Ms Foot, could be taken to suggest that he did not see Ms Foot. On the other hand, it does appear that he was on duty on that day. However, his own evidence at the Inquest was that he had no recollection of having been consulted about Ms Foot by Mr Hawkins. Nor did Mr Hawkins have any recollection of the Psychiatric Registrar consulted. There the matter must rest. Key Words: Citalopram, continuity of care, depression. In witness whereof the said Coroner has hereunto set and subscribed his hand and Seal the 3rd day of January, 2007. State Coroner Inquest Number 13/2006 (0842/04)