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Hearing summary

 

12 July 1999

 

Inquiry hearings today heard evidence from Mr Hugh Ross, current Chief Executive, United Bristol Healthcare NHS Trust (UBHT) and Mr Ian Barrington, General Manager, Directorate of Children’s Services, UBHT. Issues under discussion today were post-mortems and inquests. Mr Ross began by saying that procedures relating to post mortems (PMs) at UBHT during the period of the Inquiry were consistent with elsewhere in the NHS. He went on to describe the difference between a hospital PM and a Coroner’s PM and explained the responsibility of clinicians to obtain informed consent. He also discussed the issue of retention of tissue following PM and the keeping of records in relation to this. Mr Ross then described UBHT’s reaction to the disclosure of information to parents about their child’s PM and the co-operation of the Bristol Heart Children Action Group in this matter.

 

Mr Ian Barrington then went on to describe his responsibility in relation to PM, saying that he would have only been involved if a concern had been brought to his attention. He then talked about his role in dealing with requests from parents for information about their child’s PM. He described the setting up of a help line and subsequent investigations assisted by Professor Berry (Consultant Paediatric Pathologist) to deal sympathetically and swiftly, but as accurately as possible, with the queries from parents. He concluded by discussing the information surrounding PM that is now discussed with parents following bereavement.

 

FULL TRANSCRIPT

     1                                          Day 38, 13th July, 1999
     2      (9.45 am)
     3      THE CHAIRMAN:  Good morning, everyone.  Good morning,
     4          Mr Langstaff.  Today we have a somewhat different
     5          configuration of the Inquiry hearing chamber.  This is
     6          in conformity with our desire to use whatever method we
     7          can so as to enable us to understand the matters into
     8          which we are enquiring.
     9                Mr Langstaff, you have the floor.
    10                MR LANGSTAFF: INTRODUCTION RE STATISTICS
    11      MR LANGSTAFF:  Thank you, sir.  Sir, some time ago, when
    12          I stood up to open this case, as part of what I had to
    13          say, I showed a slide on the screen.  That slide has now
    14          been called up again.  It shows, in simple numbered
    15          form, the stages by which this Inquiry proposes to lay
    16          the evidence before you, the Panel, so far as statistics
    17          can assist.
    18                What we are at is essentially Stage 1, the
    19          preliminary critical overview of sources of data.
    20                Statistics are, of course, essentially figures and
    21          conclusions that can be drawn from the figures as
    22          figures.  I would not wish anything to be taken from the
    23          next two days which would in any way suggest that
    24          figures can tell the whole picture.  They can be
    25          helpful, but statistics in themselves can never be the
0001
     1          whole picture.  Indeed, they can be dangerously
     2          seductive.
     3                The conclusion which you have to draw at the end
     4          of this Inquiry as to the adequacy of care is
     5          a summation of many different strands of evidence,
     6          principal among them, the stories which you have heard
     7          from individual parents, each one of which tells its own
     8          tale; the conclusions that you are able to draw from the
     9          evidence of the way in which matters were structured at
    10          Bristol and elsewhere in the country; the conclusions
    11          that you may wish to draw from seeing whether or not
    12          national policies which are thought now to have force
    13          and importance behind them were or were not adopted here
    14          locally in the years 1983 to 1995; the conclusions which
    15          we may reach from hearing individual people who were, as
    16          it were, main players in what happened in Bristol; and,
    17          as part of picture, but only as part of the picture, the
    18          conclusions one gets from looking at figures as a whole.
    19                As I said when I opened this Inquiry to you, it
    20          would be very wrong to forget that at the heart of the
    21          figures are the cases of individual children, some of
    22          whom will have been treated and will thankfully have
    23          survived; some of whom will have been treated and sadly
    24          will have either suffered subsequently in consequence of
    25          the treatment or of the condition which led to the
0002
     1          treatment, and others, tragically, because we have
     2          always said it was a tragedy, will have lost their
     3          lives.
     4                The GMC, when it examined the cases against the
     5          two surgeons and Dr Roylance, looked at and examined in
     6          detail 29 cases.  We, for our part, have obtained the
     7          clinical records of every child that has been identified
     8          to us as having had cardiac surgery, closed or open,
     9          from 1983 until 1995, and will, in a way which I shall
    10          describe, attempt to draw such conclusions as we can
    11          from them.
    12                In that sense, every single child, survivor or
    13          not, will have his or her case painted as part of the
    14          picture which you will have to determine your findings
    15          upon.
    16                Today and tomorrow we will hear from a number of
    17          experts who have different roles to perform in respect
    18          of the various data sources which will deal with the
    19          statistical side.  That is part of the picture.  First,
    20          after the few words that I have to say by way of
    21          introduction, I shall ask Dr David Spiegelhalter to come
    22          and tell us about the way in which, as an expert
    23          statistician, he sees statistics helping the Inquiry as
    24          best they can towards reaching a conclusion in respect
    25          of the terms of reference.
0003
     1                Once he has identified essentially what the
     2          process is, we will then concentrate on this part of the
     3          process, the preliminary critical overview and will hear
     4          first from Mr Richard Willmer, the chief statistician at
     5          the Department of Health.
     6                When he gives evidence, I hope that what will
     7          develop will be a symposium or seminar, if you like, in
     8          which, far from asking all the questions myself, Dr Paul
     9          Aylin, who sits nearest the screen to my right, of
    10          Imperial College, will intervene and develop a dialogue
    11          with Richard Willmer in which three things essentially
    12          will be explored, three essential messages for the
    13          Inquiry.  That is, so far as the data set with which
    14          Mr Willmer is concerned -- I should say data sets in the
    15          plural and I will explain why in a moment -- whether
    16          they have weaknesses, for our purposes; secondly,
    17          whether they have strengths for our purposes; and
    18          thirdly, what use the Inquiry can potentially make of
    19          the information which the data set can tell us.
    20                After we have examined the data sets to which he
    21          can speak, the national data sets, we will hear from
    22          Mr Bruce Keogh, who will tell us about the
    23          Cardiothoracic Register, a register which has been in
    24          existence since 1977.  Essentially, I anticipate that it
    25          should be possible to develop a dialogue in the same way
0004
     1          principally between him and Dr Spiegelhalter, who sits
     2          a little bit further away from the screen to my right,
     3          examining exactly the same things: the strengths, the
     4          weaknesses and the utility of that data source for our
     5          purposes.
     6                Tomorrow we expect to narrow down the field from
     7          the national to the local, and look at the major data
     8          set available locally.
     9                So far as the available data is concerned, if
    10          I just run through what is available, and their apparent
    11          utility to the Inquiry, the first of those data sets
    12          that you will hear of from Mr Willmer is that contained
    13          in the hospital episode statistics system, or HES for
    14          simplicity.  This was set up by the Department of Health
    15          to collect information about activity in all National
    16          Health Service hospitals in England.  Immediately,
    17          anyone listening with a critical ear will have detected
    18          one gap: it deals with NHS hospitals and not others.
    19          Anyone listening might already have picked up that it
    20          deals with inpatient activity and it was not essentially
    21          designed to tell surgeons or hospitals, putting it
    22          crudely, how well or how badly they were doing by
    23          comparison with others; that was not its function.
    24                One of the matters which we will wish to explore
    25          is whether it can, despite having been designed for
0005
     1          other purposes, nonetheless be used for that function in
     2          order to retrospectively inform us on the Inquiry.  The
     3          data should, in theory, be complete, but what it
     4          measures is not operations; it is not directly
     5          morbidity; it is what are called "finished consultant
     6          episodes" and a finished consultant episode, as we have
     7          already heard in evidence at an earlier stage in this
     8          Inquiry, is an occasion when a patient comes under the
     9          care of a particular named consultant.  For as long as
    10          that patient is an inpatient, under the care of that
    11          particular consultant, that is one unfinished consultant
    12          episode.  When he is discharged from that care, it
    13          becomes a finished consultant episode.
    14                What it means, because finished consultant
    15          episodes are picked up each as a unit, is that if
    16          a particular patient is in the course of his inpatient
    17          stay under the care of more than one consultant, he
    18          moves from one department to another to another, let us
    19          suppose -- it sometimes happens as we know -- then there
    20          will be three finished consultant episodes although
    21          there will be only one inpatient stay -- one course of
    22          treatment, if you like.  Looked at from the patient's
    23          point of view it is one hospital stay; looked at from
    24          the national statistics, it is three.
    25                Similarly, if the surgery, let us suppose, is
0006
     1          broken by a period of discharge from hospital followed
     2          by a return of that patient, maybe within months,
     3          perhaps, because the surgery needs to be revised, that
     4          gets counted as a second and separate consultant
     5          episode.
     6                So immediately, one can begin to see something
     7          of the advantages, which is in the completeness of the
     8          data, and something of the disadvantages, which is that
     9          it was designed for purposes which are not ours.
    10                I do not want to say too much more about those
    11          statistics because it is best dealt with, I think, by
    12          explanation from Mr Willmer and in particular because
    13          I am conscious here that he and our experts know far
    14          more about HES than I could ever hope to.
    15                The second source is the Cardiothoracic Register,
    16          and again, a brief description will help.  This was set
    17          up by, it happens, Sir Terence English who gave evidence
    18          to us, in 1977 following a pilot project in 1976, and it
    19          aimed to provide information to cardiothoracic surgeons
    20          on the volume, the type and the distribution of work
    21          performed, to promote the rational use and future
    22          planning of cardiothoracic services and to improve the
    23          overall quality of the cardiac services delivered by
    24          enabling individual surgeons to compare themselves
    25          against national data.
0007
     1                 The way in which the data was collected was for
     2          each unit to be asked, invited -- cajoled perhaps --
     3          into supplying data to the Society centrally in the
     4          country.  There was no compulsion about it.  You will
     5          hear, when Mr Keogh gives his evidence, that in fact
     6          some units did not provide data.  It might appear, at
     7          least from one of the charts which he has helpfully
     8          produced for us, that some units consistently did not
     9          provide data.  If they had data to give and did not
    10          consistently provide it, one has to ask whether there
    11          may be some reason for that, whether it was shame at
    12          poor results, for instance; whether it was simply an
    13          unwillingness to be co-operative for some reason of
    14          principle; whether it was chronic indolence; whether it
    15          was some other reason.  It is very difficult to
    16          speculate.  What one can say in respect of the figures
    17          is that to the extent that individual units did not
    18          provide figures to the central register, the central
    19          figures give one less than the full story.  The extent
    20          to which that is less than the full story, that may
    21          affect the use we in the Inquiry can make of those
    22          figures, will be a matter for your judgment, having
    23          heard what has to be said about them.
    24                The register was kept carefully from 1977
    25          throughout the period with which we are interested.  In
0008
     1          that respect, it differs from the HES data to which
     2          I have already referred, because the HES data began as
     3          a process in 1987/88; it evolved as a data collection
     4          exercise becoming, we think, as a preliminary
     5          observation, at its most reliable for various reasons in
     6          1991/92.  So whereas one may use the register for all
     7          years from 1983 to 1995, one can only use HES, really,
     8          probably, from 1991/92 onwards.
     9                One of the problems with the register is that in
    10          order to get it off the ground -- this is my probably
    11          imperfect lay understanding -- the Society had to
    12          promise the reporting surgeons that the data they
    13          supplied would be confidential; it would be anonymised
    14          so that the individual unit or surgeon would know what
    15          his results or the unit's results were, but that would
    16          be information kept to the unit or the surgeon.  The
    17          only point of comparison would be with the whole of the
    18          rest of the country generally, such as was reported to
    19          the register.
    20                Considerable lengths were taken to secure that
    21          anonymity, so that there was no fear among surgeons that
    22          the data would be used for any purpose to which they did
    23          not consent.
    24                To an extent, that means that one cannot look at
    25          the register and compare Bristol with, let us say,
0009
     1          Southampton or Great Ormond Street or Birmingham,
     2          because the data is not constructed to enable us to do
     3          that.
     4                So much for those two data sources.
     5                The other four main sources which we believe we
     6          have identified are these: there was a computerised
     7          information system kept in the South West by consultant
     8          cardiologists at the Bristol Royal Infirmary and the
     9          Bristol Children's Hospital throughout the period of the
    10          Inquiry.  The evidence that we have so far suggests that
    11          this system was designed to allow the cardiologists
    12          ready access to essential summary information on
    13          patients when clinical records were not available for
    14          audit purposes and to facilitate the presentation of
    15          clinical data at meetings.
    16                The hardware and the software were provided by the
    17          Bristol and South West Children's Heart Circle and the
    18          current version is held on a personal computer using
    19          Borland Paradox software.  Most of the data were entered
    20          by a secretary working for the cardiologists.
    21                We have an electronic copy of that register and
    22          plans are in hand to commission an independent review
    23          with statistical analysis of that which it shows.
    24          A full assessment of the data will necessarily involve
    25          cross-comparisons with other relevant data sources so
0010
     1          far as is feasible.
     2                Next, we have the Trust Patient Administration
     3          System.  It is a computer system for the purpose of
     4          tracking hospital activity, and it forms the basis for
     5          the returns to the Department of Health under the HES
     6          system.
     7                We do not have data before 1st January 1988.  The
     8          period which it covers for our purposes is 1st January
     9          1988 until 31st December 1995, and it again needs to be
    10          emphasised that this system was not designed for audit
    11          purposes; it was an information system to help with the
    12          tracking of patients, so that the hospital knew who was
    13          where, if you like, it had the ability to print off
    14          labels and addresses to keep in touch with patients and
    15          so on: essentially administrative purposes, also
    16          planning purposes and when the purchaser/provider split
    17          began, for contracting purposes.  It was not used for
    18          clinical purposes and therefore the usefulness of the
    19          data may be limited when one looks to see whether it can
    20          tell us anything about adequacy or quality of care.
    21                The data was generated by clinical coders using
    22          standard classification systems.
    23                The quality of the data appears to be good.  We
    24          think that probably it will mainly serve as a useful
    25          descriptor of what happened in respect of children
0011
     1          receiving heart surgery from 1988 onwards, and to
     2          cross-validate other information.  One of the great
     3          advantages of having a number of different sources of
     4          data is that if they all end up saying pretty much the
     5          same thing, one can draw strength from that.
     6          Individually there may be weaknesses which would not
     7          allow anyone with any integrity to place reliance upon
     8          that individual source, but if the fact is that one
     9          source cross-refers to another, or one source produces
    10          the same result as another, one can draw strength from
    11          that and the two together may be worth much more than
    12          the sum of the individuals.
    13                The next major data source is the records
    14          themselves, the clinical records.  These, the Inquiry
    15          has in great number.  They have all been copied, kept
    16          and stored at the Inquiry offices, and each set has been
    17          coded by clinical coders, an experienced team, using
    18          codes to demonstrate what the diagnosis and what the
    19          procedure in each case was.
    20                A fuller description of the way in which the
    21          Inquiry has dealt with the clinical case records, and
    22          indeed, a fuller description of each of the data sources
    23          to which I have briefly referred in this introduction,
    24          is contained in a paper which the Inquiry published last
    25          week entitled "A Preliminary Overview of the Data
0012
     1          Sources."
     2                Perhaps it is not necessary for me therefore to
     3          deal in any particular detail at this stage with the
     4          clinical cases, save to say this: that one of the great
     5          advantages is that we can be confident that, unlike any
     6          other researcher of whom we are aware who has looked at
     7          Bristol over the years 1983 to 1995, we have as full
     8          a picture as one possibly can by going back to the
     9          original source data, as it were, the clinical records.
    10          We have to accept that clinical records can of course
    11          have pages missing; they can, of course, be incomplete.
    12          But in general, they are kept for the purposes of care
    13          of patients, in general they are of good quality, and
    14          what is true in general throughout the Health Service we
    15          have found, I am told, to be true in respect of these
    16          records in Bristol.
    17                Of course, one of the advantages of having the
    18          available records is that one can look at those
    19          diagnoses which have led to successful surgery from 1984
    20          to 1995, those which have led to unsuccessful surgery,
    21          and unsuccessful not only in terms of mortality at some
    22          later date, but also in terms of morbidity.  So the
    23          whole range of outcomes it is possible to study from
    24          looking at the clinical case records.
    25                One of the hopes and expectations in the next
0013
     1          couple of days is that those who are listening and have
     2          an interest in the Inquiry's procedures and its findings
     3          may be able to make to us critical, constructive
     4          comments as to what may best be found from a combination
     5          of the data sources I have mentioned thus far.
     6                One cannot forget, as the last of the major
     7          sources, the surgeons' logs.  We have taken and we have
     8          or will publish the statements of the doctors describing
     9          the logs of the surgeons who were concerned in the
    10          operations.  Those logs, generally speaking, identify
    11          the procedures which those surgeons carried out.  They
    12          are, of course, a useful means of cross-checking against
    13          other data to see how complete and accurate that other
    14          data source is.
    15                Having spent some time dealing with the six main
    16          sources as they appear to us, I do not want to take too
    17          much time dealing with what might be thought to be
    18          lesser sources, but lest it be thought that this Inquiry
    19          is leaving any stone unturned, if I can simply run
    20          through and identify thus far the 10 principal other
    21          data sources, and invite anyone who is listening who
    22          knows of any further data which may help us, at any
    23          stage during our terms of reference, 1984 to 1995, to
    24          let us know.
    25                We have:
0014
     1                (1) a card index system which the cardiologists
     2          kept for part of the period;
     3                (2) the logs which were kept in the operating
     4          theatres;
     5                (3) records which were maintained by clinical
     6          perfusionists;
     7                (4) logs which were kept by anaesthetists;
     8                (5) the cardiac surgeons in Bristol themselves had
     9          a system, a patient analysis and tracing system, PATS,
    10          kept on a METASA system;
    11                (6) the NHS regional data archives;
    12                (7) something we will explore this morning with
    13          the help of Mr Willmer: the hospital inpatient data
    14          system, HIPE;
    15                (8) the Confidential Enquiry into Stillbirths and
    16          Deaths in Infancy, a national source but only, we think,
    17          of partial relevance to us, sometimes known by its
    18          acronym CESDI;
    19                (9) the National Confidential Enquiry into
    20          Peri-operative Deaths, NCEPOD;
    21                (10) the national reporting system for congenital
    22          abnormalities, which has an obvious relevance to the
    23          conditions which led to operation in Bristol.
    24                Those are the 10 principal lesser sources.  I do
    25          not wish to imply from that list that is all that we
0015
     1          have actually covered; there is more, but nonetheless,
     2          it will be unwise of anyone listening to assume that we
     3          know of the data source that he or she may know of and
     4          so if there is any further information which we have
     5          overlooked or which no-one has told us about relating to
     6          the years 1984 to 1995, to paediatric cardiac care, then
     7          please tell us about it.
     8                Sir, the purpose as I have indicated in looking at
     9          each of the data sources is to identify so far as this
    10          part of the picture is concerned what are the what are
    11          the strengths, what are the weaknesses, what is the
    12          usefulness for us.  This is part of the overall picture
    13          which the statistical investigation should help to show
    14          us, as indeed indicated on the screen in the four
    15          points, and it is perhaps helpful if then, at this
    16          stage, I ask Dr David Spiegelhalter to come forward and
    17          to explain from his perspective the content of each
    18          these stages and the overall strategy by which figures
    19          can assist, even though they may not control our
    20          findings.
    21                Dr Spiegelhalter, you would wish, I think, to
    22          affirm?
    23                    DR DAVID SPIEGELHALTER (AFFIRMED):
    24                       Examined by MR LANGSTAFF:
    25      Q.  Dr Spiegelhalter, can you give us your full name and
0016
     1          your qualifications, please?
     2      A.  My name is David John Spiegelhalter.  I have an MA in
     3          mathematics from Oxford University, an MSc and PhD in
     4          mathematical statistics from London University.  I am
     5          a Chartered Statistician with the Royal Statistical
     6          Society and I am currently senior scientist working for
     7          the Medical Research Council at the Medical Research
     8          Council Biostatistics Unit in Cambridge.
     9      Q.  You have had some involvement, I think, with the subject
    10          matter of the Inquiry before, having given evidence at
    11          the General Medical Council?
    12      A.  Yes.
    13      Q.  If we look at the screen, it sets out in very bare
    14          bones, does it, the processes as you would see them by
    15          which the statistics can inform the process of the
    16          Inquiry?
    17      A.  Yes.  Could I make a few preliminary points?  I would
    18          first like to say, as a professional statistician, that
    19          one must really acknowledge this is a very tricky area
    20          and for a number of reasons.
    21                I think the first is that we are looking backwards
    22          into a time when the whole process of collecting data in
    23          a rigorous way was rudimentary, to say the least, not
    24          least because of the lack of easy computer facilities,
    25          but also just because of the culture, which has now
0017
     1          changed quite dramatically.
     2                So as you have made clear, there are a variety of
     3          data sources, but none of them are what we would
     4          consider as really perfect, and of course if we were
     5          doing this prospectively, it would be a very different
     6          matter.
     7                The other crucial issue is that while, as you have
     8          said, there can be very detailed analysis of what went
     9          on in Bristol by going back through the case records,
    10          that is not the only issue.  One of the crucial things
    11          is comparison with what, perhaps, might be considered as
    12          acceptable practice or standard practice in levels of
    13          performance in the country at the time, and while I do
    14          not think the Inquiry has quite the resources to go
    15          through every record in the country, it means that there
    16          is going to be a problem which has to be faced of making
    17          comparisons with other centres.  That obviously has to
    18          be faced by looking at the available data, as you have
    19          described it.
    20                The final point I would like to make, which
    21          I suppose is slightly more technical, is what in the
    22          trade is known as "multiple comparisons".  As one looks
    23          at finer and finer level in terms of, say, disease
    24          categories or maybe over a short period of time or maybe
    25          just looking at what one surgeon is doing, the numbers
0018
     1          are going to get smaller and smaller and that means from
     2          a statistical point of view, the play of chance, as bad
     3          luck, is that starts having more and more of a role.
     4          From a statistical point of view one would like big
     5          numbers so everything is stable so one can attribute
     6          differences to some underlying cause rather than just
     7          the play of chance.  So there is always a danger as one
     8          looks more and more into these data sources and at finer
     9          and finer detail that apparent differences are going to
    10          come up which it is very difficult to say whether these
    11          are real or not.
    12                So inevitably, there has to be some sort of
    13          grouping by diagnostic category or over time in order to
    14          try to smooth out some of these potential I suppose, you
    15          know, random or chance occurrences.  I think we will
    16          come on to that, but any grouping like that obviously
    17          should be done in an unbiased way and should be done
    18          without looking at the data first.
    19      Q.  You used the word "unbiased" there in the statistical
    20          sense?
    21      A.  I could mean it in a somewhat non-technical sense as
    22          well.  One should do that sort of grouping before
    23          looking at the results so one is not just picking out
    24          the worst things one can find over a long period.
    25      Q.  So one is beginning, as it were, with the groupings, the
0019
     1          criteria, and then looking at the data in the light of
     2          those groupings and criteria?
     3      A.  That is the idea.
     4      Q.  The purpose, then, of this stage of the investigation is
     5          to establish what, essentially?  What would you hope
     6          that the Inquiry will be able to take away from the next
     7          day and a half?
     8      A.  We are starting on these four stages, really, and
     9          bearing in mind the points I made about the difficulty
    10          of drawing firm conclusions from the data available, the
    11          first stage is really to identify the sources and to get
    12          some idea of what their quality is and what conclusions
    13          might be able to be drawn from them.  As I said, it is
    14          best to do that before we actually see what that data is
    15          saying, so that we can make a fair judgment as to what
    16          might be drawn without knowing what actually is found
    17          inside those data sets.
    18                The kind of information that would be very good to
    19          know is who completed the data, who was responsible for
    20          submitting this data, was it different people for each
    21          of the different data sources?  Because in a sense, as
    22          you said, it would be very nice if these data sources
    23          corroborated each other, we would feel happier about the
    24          evidence, but only in as much as that evidence perhaps
    25          came from different sources.  If they are all coming
0020
     1          from the same source, then that corroboration might be
     2          somewhat illusory.
     3                I think it would be very useful to know about what
     4          the judgment is about the quality of the data sources
     5          and that quality can be judged in terms of the coverage,
     6          you know, are all the centres looking across the country
     7          now contributing their data, and in terms of the
     8          completeness of the records being given and in terms of
     9          the accuracy whether we can actually believe what we can
    10          see in front of us.
    11      Q.  Just distinguishing those three, because I think those
    12          are words we will probably come across a number of
    13          times, "coverage" you use to mean whether it covers
    14          every part of the country: geographical, as it were?
    15      A.  Yes whether some centres are just systematically not
    16          providing data.
    17      Q.  "Completeness" is giving the questions one is asked on
    18          the form which is filled in and sent back to the data
    19          centre: have all the questions been answered?
    20      A.  Yes, completeness is to do with missing data on some of
    21          the aspects of the cases being submitted.
    22      Q.  So for instance if one had a data set in which the date
    23          of birth was quite often missed off, or the date of the
    24          operation was quite often missed out, that data source
    25          to that extent would be incomplete, even though the
0021
     1          coverage might be 100 per cent across the country?
     2      A.  Yes, and even more important would be data sources in
     3          which the outcome was not recorded accurately.
     4      Q.  "Accuracy" is the last?
     5      A.  Accuracy is saying, given the data provided, can we
     6          actually believe it, that it is appropriate?  Are all
     7          the cases being included from that centre; are all the
     8          deaths being recorded appropriately; are the details
     9          correct?
    10      Q.  I stopped you in mid-flow.
    11      A.  I think that, I suppose, covers the main aspects of what
    12          we are trying to establish at this stage.  In the case
    13          of Bristol, as we will come on to later, by going deeper
    14          into the clinical records as has been done, we will
    15          actually be able to get a very good idea of these
    16          matters, because we will be able to cross-check the
    17          detailed data from the clinical records with what has
    18          been reported to the various sources that you have
    19          described.
    20                One of the problems, of course, is how much can we
    21          trust the data coming from other centres with which we
    22          would like to make comparison.  That is obviously
    23          something that will require somewhat more of a judgment,
    24          although there may be some other sources we could use.
    25          We will come on to that later.
0022
     1      Q.  Can I just explore with you for a moment the need of the
     2          data sources, if there is a need, for the data sources
     3          to speak as it were a common language, so when each of
     4          them talks about death, for instance, they mean the same
     5          thing.  It might be quite surprising to the listener to
     6          think "death" might mean something different in
     7          different data sources, but one might define it as
     8          a death within 30 days of operation, one might record
     9          death as "ever died" and receive that information from
    10          the local register of deaths, for instance, and so on?
    11      A.  And another might record it as deaths in hospital, which
    12          is a common one.
    13      Q.  So for the purposes of cross-reference, corroboration
    14          between the data sources, would one need to know they
    15          were talking a common language or could be made to talk
    16          a common language?
    17      A.  That is obviously very crucial, to try to do that.
    18          I think equally crucial, something that really has to be
    19          tackled is to make sure in terms of the coding, the
    20          diagnostic categories that the groupings are as similar
    21          as possible.  That has to be faced, that the different
    22          sources of information use different ways of describing
    23          patients, different ways of categorising them, and we
    24          would really like to be able to project all these
    25          sources on to a common framework, and I think I have to
0023
     1          admit that framework might not be, you know, the latest
     2          way if one was setting up a database from scratch we
     3          would use, but one that would allow at least common
     4          comparisons between the data sources.
     5      Q.  So if one has a particular operation -- whatever it may
     6          be, it would be wrong to suggest one -- one would need
     7          to know that in Bristol in the various data sources it
     8          was described in the same way, or one could derive the
     9          same description for the purposes of comparison from
    10          each of the data sources in order to corroborate one
    11          against the other.  One would need to know that the same
    12          description was applied by others elsewhere if one was
    13          going to compare Bristol with elsewhere?
    14      A.  Ideally one would, but it will be difficult both because
    15          of the types of data that have been collected and
    16          because of this area which is intrinsically extremely
    17          complex, as has been pointed out.  The fact that there
    18          may be multiple diagnoses in the child and the fact that
    19          there may be multiple operations will mean that this
    20          will be a difficult matter.
    21      Q.  I shall ask you to return to this theme tomorrow, but
    22          given that this is Stage 1 and you have briefly
    23          described some of the problems that are faced and what
    24          we might hope to go away with, what do you see the next
    25          three stages as involving, in brief?
0024
     1      A.  The next phase, which is labelled here as "Exploration",
     2          is to look at the available sources of data and conduct
     3          preliminary analyses of those, as independently as
     4          possible, except that the only sort of common ground
     5          between those analyses should be that they should be
     6          trying to use as common a coding categorisation as is
     7          feasible.  You have indicated already that such analyses
     8          have taken place or will be taking place for the main
     9          sources such as the HES data, the cardiac register and
    10          the data and the medical records themselves on the
    11          Bristol patient.
    12                That will enable one, one would hope, after that,
    13          to get an idea -- first of all within Bristol itself, we
    14          should be able to get a very good idea of what was going
    15          on and what the outcomes were, in the descriptive sense,
    16          for Bristol alone.  That, when cross-checked against the
    17          various other sources such as the logs you have
    18          suggested, should enable a very accurate picture of what
    19          went on in Bristol to be known.  That also can be used
    20          as a frame, to enable sampling for more detailed
    21          examination of particular cases.
    22                In terms of the data available for comparative
    23          purposes for other centres, using the main sources will
    24          be the HES and the Cardiac Register, then analysis of
    25          those, keeping always in mind the limitations we are to
0025
     1          hear about today, should reveal first of all what was
     2          the variability being reported between centres even
     3          without knowing the identity of any centres.  The
     4          background variability is extremely important to know:
     5          what were the standards being reported for various
     6          procedures at that time, and what was the reported
     7          variability between centres?  That requires some fairly
     8          careful analysis.  Then, by identifying Bristol and
     9          other centres, one should be able to see whether, on the
    10          face of it, there are some categories, some periods of
    11          time when Bristol or other centres appeared to be pretty
    12          systematically differing -- having differing outcomes to
    13          other centres, even allowing for the sort of variability
    14          that is inevitable, that there will be between centres.
    15                That really just provides -- whether there are
    16          variations, whether Bristol figured prominently in those
    17          variations with regard to particular categories, and so
    18          to provide whether there is any prima facie evidence for
    19          further, more detailed examination of the data.
    20      Q.  So the further, more detailed examination of the data
    21          is, is it, at the confirmational stage?
    22      A.  Yes.  You can say the exploration, stage, really, is
    23          seeking to identify whether Bristol is an outlier at
    24          some time for some procedures without in any way
    25          attributing any reason for it and keeping always in mind
0026
     1          the quality of the data.
     2      Q.  So simply saying, it appears that Bristol is different?
     3      A.  Yes.
     4      Q.  That is the most one could conclude at that stage?
     5      A.  Yes.  And of course, one has to keep in mind that, you
     6          know, an analysis like that which will inevitably
     7          involve some grouping, and bearing in mind the
     8          limitations of the data and the lack of any risk
     9          adjustment, severity adjustment in the data,
    10          differences, you know, small differences in particular
    11          areas, could be obscured by such approach, and so one
    12          needs to look really quite carefully at that data.
    13      Q.  One could equally, looking ahead, come to the conclusion
    14          that Bristol could be shown to be no different on
    15          available data?
    16      A.  Certainly.
    17      Q.  In which case, one could not ask any further, could one?
    18      A.  Unless there was other evidence that existed that
    19          perhaps the grouping had been too broad in certain
    20          categories, so one could cautiously look at perhaps
    21          finer categorisation, but with great caution, because as
    22          I said, if you really dig deep enough and finely enough,
    23          you will always find some variability.  There are
    24          statistics -- that is really what this subject about,
    25          trying to sort out what can be explained about chance
0027
     1          alone, luck, from what is systematically different.
     2      Q.  So if it appears after the exploratory stage that there
     3          is a systematic difference as opposed to a chance
     4          difference between Bristol and other centres, then one
     5          goes on to a third stage of confirmation?
     6      A.  Yes.  One of the things that is easiest to confirm is
     7          whether Bristol's performance and true performance was
     8          as reported in the national databases that are
     9          available, because we only get a very clear idea of that
    10          from the clinical records, so certainly Bristol's true
    11          performance can be calibrated against what has come out
    12          in the exploratory phase, which I regard as a sort of
    13          screening phase.
    14                The problem comes in making a judgment about
    15          whether the data reported from the other centres is
    16          accurate enough to be confident that there really are
    17          the differences that showed up on the preliminary
    18          screening.  That will rely, I would imagine, to some
    19          extent on judgments that we are going to hear about
    20          today on the accuracy of the data being recorded, and if
    21          some particular findings have been established at the
    22          screening stage, quite strong findings, there might be
    23          an argument that perhaps the fuller sources of
    24          information from other centres might be useful as well
    25          to confirm their results.
0028
     1      Q.  Following confirmation, one would then be in a position
     2          to say either what appeared at the end of the
     3          exploratory phase still appears to hold good; one would
     4          then be looking for an explanation as to why it should,
     5          because there would then be an identified systematic
     6          difference?
     7      A.  Yes.  The confirmatory phase still does not give any
     8          explanation or reason for variability, it is saying we
     9          can feel reasonably confident that there is something,
    10          some cause for Bristol to be an outlier or to be
    11          systematically different in some respects, because there
    12          is a limit to how much that is a statistical issue.
    13          Obviously by looking more carefully at the Bristol
    14          notes, one might be able to identify reasons for this
    15          variability: by that time, if these things have come
    16          about, the discussion will be much more focused and so
    17          I would imagine that would be the time that expertise
    18          from the substantive areas, the clinical expertise,
    19          would come in, and using perhaps the sampling that has
    20          gone on in the case notes, to identify reasons for the
    21          confirmed performance.
    22      Q.  Can I take a crude example and see whether I have
    23          understood what you are saying.
    24                Let us suppose it were shown at the end of stage 3
    25          that Bristol were different from other centres; let us
0029
     1          suppose the surgery was less successful in terms of
     2          death following surgery in Bristol than elsewhere.
     3                It might be said, "Well, the cases that were dealt
     4          with at Bristol were actually much more difficult than
     5          elsewhere", and if that were indeed the case, it would
     6          be a perfectly rational and sensible explanation of the
     7          difference.
     8                One would then want to explore that difference and
     9          one would do that by means of other expertise than the
    10          statisticians?
    11      A.  Yes.  I mean, if one had wonderful data available on all
    12          centres, then there are very established statistical
    13          methods of doing that risk adjustment which can be
    14          carried out by adult cardiac surgery by the more uniform
    15          conditions and the larger numbers involved.
    16                In the area, there is only rather rudimentary
    17          development of risk adjustment procedures, so those will
    18          be carried out with more caution.
    19                So in any identified area, though, one could
    20          certainly identify the factors in Bristol from the case
    21          notes, and then one perhaps could use other information
    22          from other centres to have an idea of whether there was
    23          systematic difference in the types of patient being
    24          treated in Bristol compared with other centres.  But
    25          that would have to be a very focused activity in an area
0030
     1          previously identified.
     2      Q.  In the example that I gave you, you would be focusing
     3          upon the question whether or not the case mix was
     4          different in Bristol than it was elsewhere generally,
     5          for instance?
     6      A.  Yes, in that particular area, yes.
     7      Q.  So what it means is that even if one gets to stage 4,
     8          one cannot simply say, well, the statistics show that
     9          Bristol was -- I use the word to sum up -- "bad", it is
    10          a very poor word sometimes to use, but one cannot draw
    11          that conclusion; one has to look for the explanation and
    12          evaluate the explanation there might be?
    13      A.  Statistics can never show a causal factor in this sense,
    14          and I think even at the end of this stage one would say
    15          that this variability -- if it is a negative result --
    16          it cannot be explained by variations in case mix or by
    17          chance alone, then it is left up to --
    18      Q.  There has to be some other explanation?
    19      A.  And other expertise to identify it.
    20      Q.  Whatever it may be?
    21      A.  Yes.
    22      MR LANGSTAFF:  Thank you, Dr Spiegelhalter.  Sir, I am
    23          conscious that it is time we might normally have a short
    24          break, and perhaps it would be convenient to have one
    25          now before we hear from Mr Willmer?
0031
     1      THE CHAIRMAN:  Yes, Mr Langstaff.  Shall we say 15 minutes
     2          and reconvene, therefore, at 11.00?  Thank you.
     3      (10.43 am)
     4                             (A short break)
     5      (11.07 am)
     6      MR LANGSTAFF:  Mr Richard Willmer, please.  Mr Willmer, if
     7          you would like to stand to take the affirmation?
     8                       MR RICHARD WILLMER (Affirmed):
     9                       Examined by MR LANGSTAFF:
    10      Q.  Mr Willmer, we have your statement which I hope will
    11          come up on the screen to your right, WIT 189/1: is that
    12          a statement which you have provided for the purposes of
    13          this Inquiry?
    14      A.  It is.
    15      Q.  And together with appendices, it runs for 132 pages.
    16          You have, I think, signed it for us at -- I do not know
    17          that you have signed it for us.  In any event, is it
    18          true and accurate?
    19      A.  It is, yes.
    20      Q.  You signed on the bottom of the front page, in fact,
    21          I think?
    22      A.  Yes, on the front page.
    23      Q.  In that statement, do you deal with two sets of national
    24          statistics of interest to us: HIPE and HES?
    25      A.  Yes.  The questions that were put to us related both to
0032
     1          HIPE and HES.  As has been mentioned previously, HIPE
     2          was the predecessor of HES, and our knowledge of HIPE is
     3          very much less than it was of HES but we have tried to
     4          answer the questions in relation to HIPE as best we
     5          can.  If the Inquiry requires further details, we can
     6          explore it and gather further information if that is
     7          required.  The majority of the information relates to
     8          HES.
     9      Q.  Can I deal with the two chronologically and deal first
    10          of all with the Hospital Inpatient Enquiry, HIPE.  First
    11          of all, to get a broad idea of when that began, that
    12          began, I think, in 1949, did it?
    13      A.  I think very close after the NHS actually came into
    14          being.
    15      Q.  So it was, if you like, the first national tool which
    16          the NHS developed?
    17      A.  Yes.
    18      Q.  A sea change came about in the way in which it was
    19          compiled in the 1960s, in which a sample was drawn from
    20          regional data sets?
    21      A.  That was the basis of the system from about the 1960s
    22          through to the mid-1980s, as I understand it.
    23      Q.  It stopped when -- in 1985, did it?
    24      A.  Yes.
    25      Q.  So, so far as we are concerned, we only have the 1984 to
0033
     1          1985 period which is of any relevance to us, directly.
     2                Did it attempt to cover the entire activity in NHS
     3          hospitals?
     4      A.  It was designed as a 10 per cent sample of activity
     5          right across the NHS and it was actually put into three
     6          areas, so it actually had a separate system for
     7          psychiatric data and for maternity data.
     8      Q.  So, so far as paediatric cardiac surgery is concerned,
     9          that would be in one of the three data sets?
    10      A.  It would be.
    11      Q.  And the data was collected from the regions?
    12      A.  Yes, from the HAA systems that were in the region at the
    13          time.
    14      Q.  You have used an acronym there.
    15      A.  HAA?  The hospital activity analysis brought together by
    16          the regions at that time.
    17      Q.  In order to get the national picture, one would have to
    18          depend upon the regional picture?
    19      A.  If I wanted a 100 per cent sample, one would presumably
    20          have to go back to the regions if they still had the
    21          information.
    22      Q.  And is it likely -- I do not expect you have carried out
    23          any particular Inquiry -- that they do hold data for
    24          a time as long ago as 1984 to 1995?
    25      A.  I would have to explore that, but off the top of my
0034
     1          head, it is unlikely they would have that information.
     2      Q.  So one does have a 10 per cent sample drawn from the
     3          regions?
     4      A.  Yes.
     5      Q.  Could you pull the microphone a little bit closer?  It
     6          is pretty good at picking up your voice, but your voice
     7          is naturally quiet.
     8                So in terms of what it can tell us, I identified
     9          three main areas we wanted to focus on: the strengths,
    10          the weaknesses, and any useful information that we can
    11          gain from a data set.
    12                What would you say were the principal weaknesses
    13          for our purposes -- you have heard me describe them
    14          briefly this morning -- of using the HIPE data set for
    15          1984 to 1985?
    16      A.  Probably the main weakness is the fact that there were
    17          very few analyses produced at the time down to the level
    18          of detail that would probably be of interest to this
    19          Inquiry.  I think a lot of the information was produced
    20          at regional level and probably down to the specialty and
    21          some operative procedure codes and diagnosis codes, but
    22          probably not to the level this Inquiry would be
    23          interested in.
    24      Q.  So it would not enable one to focus on particular
    25          operation codes in particular hospitals?
0035
     1      A.  As I understand it, no.
     2      Q.  Dealing with what one might achieve from it, would one
     3          get a broad picture of level of activity across the
     4          country in particular areas?
     5      A.  Yes.
     6      Q.  So far as one would be able to know, would one get
     7          a broad picture of activity generally in cardiac
     8          surgery, leaving aside for the moment whether it is
     9          adult or paediatric?
    10      A.  I think we would have to look at the tables that were
    11          produced at the time, and let you know exactly what
    12          level of detail is available on those tables.
    13      Q.  Can I put HIPE on one side, given what you have said
    14          about it, save to ask you this: at page 11 of your
    15          statement, the bottom of the page, you deal with the
    16          HIPE data and you use a quotation there which is why it
    17          is in italics.  The third line:
    18                "It is pointed out by the author that nevertheless
    19          the initial inclusion of some erroneous data is
    20          inevitable."
    21                If we go down to the next paragraph, we can see
    22          some examples of "totally unacceptable information".
    23                So far as you know, are those dreamt up or are
    24          those actual examples of unacceptable information that
    25          was in fact found in HIPE?
0036
     1      A.  I do not have personal knowledge of whether they are
     2          actual or fictitious examples, but they look like
     3          examples that probably occur.
     4      Q.  Non-existent hospitals?
     5      A.  Yes.
     6      Q.  So that happens?
     7      A.  Yes.  I mean, you may get an incorrect hospital code or
     8          something like that.  I think that would be what they
     9          mean.
    10      Q.  And males with female diseases is an obvious one?
    11      A.  Yes.
    12      Q.  Speaking generally -- this is probably true of all data
    13          collection, but what probably gives rise to errors in
    14          accuracy such as that?
    15      A.  It may be coding at source; it may be problems in the
    16          transmission of the data from the hospital through
    17          whatever route it goes nationally.  When we receive
    18          information nationally we ask for it to come in in
    19          a common format with common codes and sometimes the
    20          translation to local codes from national ones can create
    21          problems.
    22      Q.  So in the days of HIPE, at any rate, just focusing on
    23          old times before we come up to date, there would have to
    24          be a human being who would actually translate from some
    25          record on to a summary which constituted the HIPE
0037
     1          record, presumably?
     2      A.  It would either be a person or maybe there is a computer
     3          system that translates codes from the local system on to
     4          something that is required for the national purposes and
     5          transmitted.  I would think in the days of HIPE, a lot
     6          of the work was done manually.
     7      Q.  So there would be human input first of all, coding at
     8          local source; secondly translating from local to
     9          national?
    10      A.  Yes.
    11      Q.  Are you able to say anything as to the incentive that
    12          there may have been for any particular individual doing
    13          either the coding or the translation to get it right?
    14      A.  It is difficult to say at the time, because I think it
    15          depends on the ethos at the time.  I mean, we think
    16          there is a great incentive if you can pass the
    17          information back to the Health Service for their own
    18          purposes so that they can see the importance of getting
    19          the coding right, which is a philosophy we are following
    20          at the moment.
    21      Q.  Taking it up to today: today it is all, presumably,
    22          computerised, except at the point of the creation of the
    23          computer record, is it?
    24      A.  Yes.  Currently now information is put on to the Patient
    25          Administration Systems locally in hospitals.  It then
0038
     1          passes through --
     2      Q.  Can I ask you to stop there: an individual, a human
     3          being, puts the information from some source on to the
     4          database?
     5      A.  Yes.
     6      Q.  Are you able to say what training, what pay, what level
     7          of qualification that individual might have and how
     8          prestigious a job it is?
     9      A.  I do not know a lot about the work that is done by
    10          medical records clerks and clinical coding clerks within
    11          the NHS.  I do not know a lot about their work.  We do
    12          work with them to stress the importance of getting
    13          coding accurate by showing what uses we make of the
    14          information.  I do know that when a change was made to
    15          a new coding of international classification of diseases
    16          called ICD 10 there was extensive training of coders in
    17          order that they understood what the new codings were and
    18          the importance of getting them right, so the training is
    19          undertaken for people, but it would probably be better
    20          to talk to the people who, as it were, trained those
    21          people and get that information.
    22      Q.  Today, is there any feedback from the centre to the
    23          individual?  Let me tell you the point I have in mind.
    24          If one has an individual who is, let us say, doing an
    25          examination, there is a feedback in the sense of the
0039
     1          results, so the individual might try harder to get it
     2          right because he gets a better result if he does.
     3                If there is no feedback and what matters is that
     4          the piece of work is completed rather than that it is
     5          completed and completed well, then it may not in fact be
     6          completed as well, or as carefully.
     7                So the difference between those two examples is
     8          the feedback in the example I posed, the examiner's
     9          result; in other situations, it may be a reward for
    10          accuracy by promotion or pay or whatever.
    11                Is there any sort of feedback that you know of to
    12          those individuals who, at the moment, put the initial
    13          codes into the system?
    14      A.  I do not know what sort of feedback there is.  I know
    15          some hospitals have introduced data accreditation, data
    16          audit processes to check the accuracy of the information
    17          held on their computer records, and as part of the
    18          information for health strategy which was published last
    19          year, the aim is to make that mandatory across the
    20          Health Service in the acute sector.  I think it is for
    21          next year, 2000/2001, so there will be a greater
    22          incentive in the future to get it right than in the
    23          past.
    24      Q.  So we can say as at today what is being introduced is
    25          a system which, if you like, may not bring rewards, but
0040
     1          it will bring shame if you get it wrong?  I am speaking,
     2          again, generally.  That is the effect of it, is it: to
     3          make people realise that someone is checking on the
     4          quality of their work?
     5      A.  I think it is checking on data accuracy, and I suppose
     6          by the results that come out, it would be looking at the
     7          quality of the information that goes into the computer,
     8          but that may not be, as it were, reflecting on the
     9          coders themselves; it may reflect on the information
    10          they have in order to do that coding work.  So there may
    11          be a number of individuals involved locally in that
    12          process.
    13      Q.  But the picture I have given you is just one person
    14          coding.  You are pointing out that it could be a number
    15          of people before the information actually gets to the
    16          person who makes the record?
    17      A.  Yes.
    18      Q.  So there is more than one opportunity for what one might
    19          call "human error" to creep in?
    20      A.  Yes.
    21      THE CHAIRMAN:  May I interject and ask a question, just for
    22          my own understanding?  Given that coding involves to
    23          a degree a judgment, how does the concept of accuracy
    24          bear on that?  Does that question make sense?  The
    25          ultimate decision as to what code to ascribe to a degree
0041
     1          involves some judgment.  Can one therefore use the
     2          notion of accuracy there, or is it merely a question of
     3          whether other people agree with the judgment made?
     4      A.  This is an area I do not have a lot of personal
     5          knowledge about, but I think it is an area that this
     6          Inquiry will wish to look at: the degree to which the
     7          particular codings that are of interest to the Inquiry
     8          are actually a matter of subjective or objective methods
     9          when it is actually coded on the computer system.
    10      MR LANGSTAFF:  Where we began this discussion was
    11          looking at males who were recorded as having female
    12          diseases, which is unlikely ever to be a matter of
    13          judgment?
    14      A.  Sometimes you find problems arise with the quality of
    15          the data because you look at more than one field, like
    16          the operation was a hysterectomy and the person was male
    17          and you know that is wrong, but it is not until you
    18          bring those two pieces of information together that you
    19          find out that there is something that is incorrect
    20          there.
    21                As I said, whether that was coding at the hospital
    22          or in something that was translating the information or
    23          transmitting it to the centre, it is something you need
    24          to explore once you find there is a problem.
    25      Q.  The author of the piece that we have on the screen
0042
     1          plainly was aware that there could be unacceptable
     2          information in HIPE.  That must either have been because
     3          of a process of checking which was part of the system,
     4          or by review after the event by the commentator.
     5                Do you know which it was?
     6      A.  No, I do not.
     7      Q.  Are you able to say at this stage, in 1999, whether
     8          there were any, if I can loosely describe them as
     9          "quality checks" to cover both questions of accuracy
    10          and the stability of judgment?
    11      A.  I think the information we have are the quotes that we
    12          found from the documents available at the time.  That is
    13          basically the information we have.
    14      MR LANGSTAFF:  I do not know, Dr Aylin, if you want to come
    15          in and say anything?
    16      DR AYLIN:  There is this issue of accuracy and perhaps
    17          a better word, or another way of thinking about it is
    18          perhaps consistency.  Certainly, there have been studies
    19          looking at accuracy of diagnostic coding and procedural
    20          coding, comparing a particular hospital, the coders
    21          residing in a particular hospital with external coders
    22          and comparing their agreement rates.  The agreement
    23          rates, I am thinking of a study by Dixon et al in 1988,
    24          looked at coding of procedure codes and they showed
    25          between about a 70 and 83 per cent agreement on
0043
     1          procedure codes.  I have this summarised on INQ 2/14.
     2      MR LANGSTAFF:  Can we have on the screen, please,
     3          a summary chart and turn it round, please.
     4      DR AYLIN:  This was a study that compared local coders at
     5          two large hospitals and they had a set of records that
     6          they were both asked to code.  The level of agreement
     7          between the local coders and the external coders varied
     8          by 70 per cent in one hospital and 83 per cent in the
     9          second hospital at the 3 digit coding level, which
    10          I guess you could -- I mean, it depends how positive you
    11          want to look at that.  One might say that is actually
    12          quite good, but it is obviously not perfect.  There were
    13          similar differences in diagnostic codes.
    14      MR LANGSTAFF:  Could I just pause there?  At the bottom of
    15          that sheet there is the question posed, "Perhaps
    16          a higher level of agreement in later years?"
    17                Dixon's report which you are citing is 1998.  The
    18          questions we began with were in relation to this now
    19          very old data set of HIPE.
    20                Can I ask Mr Willmer: is it the general feeling
    21          from where you sit that accuracy has got better
    22          over time, or not?
    23      A.  I think certainly we can say that completeness has
    24          improved of many of the fields that we use, and the
    25          general quality of HES data seems to be improving, but
0044
     1          we do not have, as it were, a rigorous study such as the
     2          one quoted to show that the accuracy of these particular
     3          fields has increased from A to B, or anything like that
     4          to go by.  We just have a general impression that the
     5          completeness and usefulness of the data is improving
     6          over time and it is an evolving process.
     7      Q.  If it is improving over time, if one goes back from 1999
     8          to the last year of HIPE in 1985, one would expect the
     9          level of accuracy of those who were coding at the time,
    10          other things being equal, to be very much less reliable
    11          than data produced today?
    12      A.  It is difficult to judge, I think, at this point in
    13          time.
    14      Q.  But a big question mark one would have to put over it,
    15          would one?
    16      A.  Yes.
    17      Q.  Can you help, again really for general public
    18          consumption, as to the difference between the 3 and
    19          4 digit level of the OPCS codes?  These are procedure
    20          codes, are they?
    21      DR AYLIN:  Yes.
    22      MR LANGSTAFF:  Each code has 4 characters assigned to it,
    23          4 digits?
    24      A.  Yes, it can be up to 4 digits.
    25      Q.  Is it a question of, as it were, refining down so one
0045
     1          begins with the first digit is very general; the second
     2          digit is bringing from the general towards the
     3          particular; the third digit more so; the fourth digit is
     4          absolutely specific?  I am using layman's terms, but do
     5          I have the general picture right?
     6      A.  I think the 4-digit tends to be more specific, but I do
     7          not think it is a completely hierarchical system in that
     8          sense.
     9      Q.  How much does the fourth digit actually matter for
    10          comparative purposes?
    11      A.  It might depend on the areas you are looking at.
    12      DR AYLIN:  Yes.  I think it will not go down to individual
    13          named procedures at a 4-digit level.  It is still not as
    14          specific.  For instance, if you look at the K5 and K6
    15          codes which are operation procedure codes for
    16          transposition of the great vessels --
    17      MR LANGSTAFF:  That is only two digits --
    18      DR AYLIN:  K05 and K06, and then you have a fourth digit at
    19          the end of each one, so K052, K053.  So although these
    20          can be grouped K05 whatever and K056 into operations on
    21          transposition of the great vessels, and they will go
    22          down to a little bit more detail if you look at the
    23          4-digit level, you will not get named procedures like
    24          the switch operation or anything like that.  They are
    25          more generic terms of operations rather than named
0046
     1          operations.
     2      MR LANGSTAFF:  So what is one looking at in terms of the
     3          3-digit level in terms of what is going to be of use to
     4          us?
     5      DR AYLIN:  I think to give an example, the KO5 and KO6
     6          codes, those are the 3 digit levels.  You can look at
     7          this group of operations on a transposition of the great
     8          vessels as a fairly broad group, but it is difficult to
     9          relate the OPCS 4 procedure codings to other coding
    10          systems that might be in existence because they might go
    11          to a finer level or use a different hierarchy or
    12          whatever.
    13      MR LANGSTAFF:  It is plain what is shown on the screen there
    14          is a comparison as to judgment.  It is variability or
    15          a measure of variability of judgment of different people
    16          who do the work.  I was going to say "experts", but
    17          people who do the work is perhaps a better description
    18          from what information we have.
    19      DR AYLIN:  Yes.
    20      MR LANGSTAFF:  If there is a measure of agreement which is
    21          either better than two out of three or better than four
    22          out of five cases, is that -- again, I translate it into
    23          terms which might not be entirely appropriate, evaluated
    24          terms: is it good or is it bad?
    25      A.  It partly depends on the uses to which you want to put
0047
     1          the data.  I think a point which is worth making about
     2          any data source, but perhaps particularly about HES and
     3          probably HIPE, is that you want to make it fit for
     4          a purpose.  Where you have a wide range of purposes, it
     5          may be good for some but not other purposes.
     6      Q.  So if one were looking to compare, as it were, mortality
     7          rates from a particular surgical procedure, conducted in
     8          two separate hospitals, to what extent does it put
     9          a question mark over your conclusions to know that if
    10          you looked at one of those hospitals, you would, by
    11          using two different people looking at the same data,
    12          produce something which could be as much as 1 in 3 of
    13          a difference?  You get, at the 3 digit level,
    14          a variability of some 30 per cent?
    15      DR AYLIN:  May I say there, I think some fields are
    16          better coded than others and better mortality is
    17          probably well coded, but if you want to relate it back
    18          to the operations that they had, then you would have
    19          this problem.  Comparing one hospital with another, you
    20          would have to make a decision as to whether you were
    21          comparing actual differences from mortality rates in
    22          operations or differences in coding procedures.
    23      MR LANGSTAFF:  You have introduced another very important
    24          point by pointing out that mortality is a function of
    25          someone actually recording it accurately, and they may
0048
     1          be wrong on that?
     2      DR AYLIN:  Yes.
     3      MR LANGSTAFF:  So one may begin with, I do not know, 95,
     4          99, 98 per cent accuracy in getting it right that
     5          someone has died, but if you look, of that 98 per cent
     6          there may be a variability of 70 per cent or 83 per cent
     7          between two different coders looking at the same data.
     8          Is that the position?
     9      DR AYLIN:  Yes.
    10      MR LANGSTAFF:  Which makes the overall position rather
    11          less reliable?
    12      A.  I think it goes back to the point the previous people
    13          mentioned: that once you have produced the information,
    14          it raises questions rather than provides answers, and
    15          one of those questions is about the quality of debate
    16          and the quality of the coding behind the information,
    17          and that is something that needs to be explored before
    18          you start drawing conclusions from it.
    19      Q.  So let me move on from that.  We will probably come back
    20          to that and related issues in a moment or two, but
    21          I have been asking you principally about HIPE and we got
    22          into this discussion because we were looking at the
    23          origins of the data and how it came into the central
    24          database.
    25                If one were to concentrate on HES, and again, can
0049
     1          I deal with it in stages, I think from the history of
     2          the database as it is understood.
     3                After HIPE finished, was there any database for
     4          a couple of years which was in regular use nationally?
     5      A.  There was no detailed database like HIPE or HES for that
     6          period.  The department did receive some sort of broad
     7          aggregate returns which gave total numbers of finished
     8          consultant episodes that you have mentioned by
     9          specialty, but nothing down to specific operative
    10          procedures.
    11      Q.  That, I think you explain in your statement to us, was
    12          really because the system was changing and it was more
    13          difficult to change than had originally been
    14          anticipated?
    15      A.  The changes came about as a result of quite
    16          a wide-ranging review of the Health Service's
    17          information in the early 1980s by Mrs Korner, and
    18          I think the changes were found to be quite substantial
    19          for systems.  I think once, as it were, there started to
    20          be delays in the system, there was in some ways a sort
    21          of downward spiral in the perceived importance of
    22          information, because if you cannot get it in and turn it
    23          round and make it timely, people do not see why it is
    24          important to get it in.  So you actually have a downward
    25          spiral in terms of the use and presentation of
0050
     1          information and that is probably what happened in the
     2          late 1980s and early 1990s.  What we tried to do was
     3          actually turn that round and have an upward spiral so we
     4          can get the data back out to the Health Service and
     5          study use quickly, and hence people see it as important
     6          and hence they have a greater incentive to get it right.
     7      Q.  We mentioned a moment ago the OPCS 4 codes.  OPCS 4, the
     8          "4" suggests there may have been a 3, a 2 and a 1
     9          before that.  Am I right?
    10      A.  There was certainly a 3.  I assume there was a 2 and
    11          a 1, but my memory does not go back that far.
    12      Q.  The OPCS codes are procedures as opposed to diagnoses?
    13      A.  Yes.
    14      Q.  Diagnoses had their own coding system, did they?
    15      A.  Yes, the ICD, International Classification of Diseases.
    16      Q.  Currently it is ICD 10?
    17      A.  Yes.
    18      Q.  And it was throughout the rest of the period with which
    19          we are concerned ICD 9?
    20      A.  Yes, for the period you are interested in.
    21      Q.  Although ICD 10 was first promulgated in the early
    22          1990s, it was first used for HES purposes in the 1994 to
    23          1995 years?
    24      A.  I think it was 1995 it came in as the first year.
    25      Q.  So prior to 1995, ICD 9 was diagnosis code?
0051
     1      A.  Yes.
     2      Q.  So far as the procedure code, what was actually done in
     3          response to the particular diagnosis, one would look for
     4          OPCS 4, obviously given Dr Aylin's slide, some of the
     5          time, and OPCS 3 for some of the time?
     6      A.  I think OPCS 3 was probably connected with the latter
     7          half of HIPE, so I think you would probably only be
     8          interested in OPCS 3 if you were looking at the HIPE
     9          data.
    10      Q.  Did the changeover happen in 1988 to 1989?
    11      A.  It was in the late 1980s that the OPCS 4 was
    12          introduced.  As I have mentioned in my statement, there
    13          were a number of revisions to that which added
    14          complications, I think, for the people coding.
    15      Q.  What you have said, I think is that really, when HES
    16          first developed and began, it started off using OPCS 3,
    17          OPCS 4 began and there was what you described as an
    18          unstable mix of the two, partly because 4 came in during
    19          the course of a year when data was collected, so one of
    20          the problems with data for that year, the late 1980s,
    21          was the fact that you had two different sets of criteria
    22          for establishing what procedures you had used?
    23      A.  Yes, and I think in some areas OPCS 4 was subject to
    24          further revision during the year and unfortunately some
    25          of the same codes were used for old procedures and new
0052
     1          procedures, which again added complications.
     2                For the late 1980s, the information is not very
     3          good for operative procedures.
     4      Q.  So if we go back to the person putting the data in who
     5          would have been trained on OPCS 3, they would think in
     6          those terms, might not be familiar with OPCS 4 and might
     7          therefore tend to make errors more easily?
     8      A.  I would not like to say what was going through the minds
     9          of coders about 10 or 12 years ago, but certainly, if
    10          a coding system changes, that can obviously create
    11          problems for those feeding the information into systems.
    12      Q.  Is there evidence that when a coding system changes,
    13          there are problems with data quality for a while?
    14      DR AYLIN:  I think, just thinking about the way that this
    15          change happened, HIPE was based on hospital activity
    16          analysis data which was provided by each hospital at
    17          100 per cent level to the regions, and then the 10 per
    18          cent sample was given to HIPE.
    19                After HIPE finished in 1985, the hospital activity
    20          analysis still continued into 1986 and 1987 and I think
    21          it was adapted to provide information for HES.  So the
    22          system was still there, it was a gradual transformation
    23          at different times in different areas, so I think it is
    24          quite likely that there would have been problems
    25          implementing new codes, and I think this would be
0053
     1          a common problem in introducing new code systems, and
     2          new computer systems as well, that different hospitals
     3          would be using different systems of coding.
     4                What also happened, an initial coding system,
     5          OPCS 4 was introduced I think in April 1987, but there
     6          are a number of revisions of that coding system which
     7          went up to 1990, I think was the last consolidated
     8          revision of OPCS 4.  There were different versions of
     9          OPCS 4 being used in different hospitals around the
    10          country at that time.  So it does not make it a very
    11          reliable source of information.
    12      MR LANGSTAFF:  Some of what you are saying, I think, is
    13          speculation: "people would have behaved in this way
    14          because it is reasonable to think that is what would
    15          have happened".  So really what you are telling us is
    16          that you do not know of any definitive research which
    17          shows that they did, but it is a reasonable supposition.
    18      DR AYLIN:  I think it is a reasonable supposition.  I think
    19          it would be relatively easy to look back at the very
    20          early HES data sets and see whether there was this
    21          mixture of OPCS 3 and OPCS 4 codes.  I do not know
    22          whether that would be possible.  I assume that is what
    23          this statement is based on.
    24      A.  As much as what may be confusion for the individual
    25          coder, obviously if individual hospitals were moving at
0054
     1          different paces in their implementation, they may each
     2          think they were doing the right thing, but the right
     3          thing may be different in different places.
     4      Q.  If one is looking at the 1987/88/89/90 period, there
     5          would be, if you use the expression in the current
     6          context, a very big "health warning" over it?
     7      A.  Yes.
     8      DR AYLIN:  Yes.
     9      MR LANGSTAFF:  The disadvantages of HES as a system, then,
    10          from 1987 to 1990, let us say, are they then such,
    11          because of this confusion over the coding -- I say
    12          "confusion", you know what I mean, describing the
    13          process you have been talking about -- that really we
    14          should not place reliance upon it for the purposes of
    15          this Inquiry.  Does it go that far?
    16      DR AYLIN:  I think there are not only the questions about
    17          the coding, and as you say there is a big health warning
    18          there, but also the question of coverage.  If you look
    19          at the national coverage, comparing your HES records
    20          with the KP70 returns -- I do not know whether you want
    21          to get into this now?  The KP70 returns were based on
    22          a paper system.  I think essentially in the early days
    23          certainly they were based on head counts by the night
    24          nurse going through the hospital in the middle of the
    25          night, and these are compared to the electronic records,
0055
     1          the HES records.
     2                If you look back at 1987/88, you have a coverage
     3          of about 75 per cent, a national coverage, so if you
     4          compare your paper returns with your electronic returns,
     5          you are only catching three quarters of them on HES.
     6      MR LANGSTAFF:  Do you have a slide to show us this?
     7      MR WILLMER:  It is in report document 7.  I do not know
     8          whether that can easily be searched for, but it is near
     9          the back of the statement.
    10      THE CHAIRMAN:  Mr Langstaff, while we are looking for
    11          that, can I, just as a matter of housekeeping, make sure
    12          that the stenographers are able happy to deal with the
    13          innovation of today's hearing, voices coming thick and
    14          fast from various quarters?  I need to clarify that,
    15          because others in other places would wish to read our
    16          evidence, and I want to make sure that you are
    17          comfortable in the process.  I receive a nod and I am
    18          grateful.
    19      MR LANGSTAFF:  If we could have WIT 189/110 on the
    20          screen.
    21      DR AYLIN:  I am sorry, I was talking about diagnostic
    22          coverage there, quoting those figures of 75 per cent.
    23      MR LANGSTAFF:  I thought you had been talking about KP70.
    24      DR AYLIN:  For KP70 it is actually 1987/88 coverage.
    25      MR LANGSTAFF:  Let us concentrate, since we have it on
0056
     1          the screen, on what this tells us and shows us.  You
     2          have introduced the idea of KP70 for a moment.  KP70 has
     3          been called a "gold standard", has it not?
     4      A.  Yes.
     5      Q.  Does the "KP" stand for anything?
     6      A.  I think the K stands for Mrs Korner.  I cannot remember
     7          what the P stands for now.  There is a whole series of
     8          returns introduced as part of the Korner review and they
     9          would have an initial K.
    10      Q.  So perhaps there is no magic in the initials but that is
    11          what we have to work with.  KP70 was actually a physical
    12          head count, was it?
    13      A.  I am not sure whether it was a head count, but it
    14          certainly was an aggregate set of information to tell us
    15          how many finished consultant episodes there were for
    16          each -- at that time it would have been by District
    17          Health Authority, by specialty, which was seen as
    18          a baseline count, if you like, some sort of "gold
    19          standard" against which we could compare the number of
    20          records that were coming in on HES.
    21      Q.  One could only do the comparison if one knew that the
    22          KP70 figures were actually separately compiled from the
    23          HES figures?
    24      A.  Yes.
    25      Q.  Does one know that?
0057
     1      A.  One does not know exactly how people did them, but
     2          sometimes people would run off the information from
     3          similar systems to HES, but then could do separate audit
     4          checks.  Because it is an aggregate number, you could
     5          look at it and say "I had 3,000 finished consultant
     6          episodes in the last year; yes, that looks about
     7          right".  If it is only 1,500, you know you have only
     8          50 per cent of your records there.  With something like
     9          HES you cannot easily check because you are sending
    10          a huge amount of information on individual records by
    11          computer.
    12                So people may or may not have run off the
    13          information from a similar system to HES, but the idea
    14          of the aggregate return as a standard is that that is
    15          something you can look at and eyeball and say "It looks
    16          about right", or does not.
    17      Q.  So you can pick up the obvious error?
    18      A.  People should hopefully pick up the obvious errors on
    19          it.
    20      Q.  Is there a definition somewhere of the KP70, because --
    21      A.  Yes.
    22      Q.  There is a distinction in the way you have approached
    23          it, talking about it showing finished consultant
    24          episodes.  Dr Aylin has described it as a "head count"?
    25      DR AYLIN:  I was trying to make a point that it is a -- in
0058
     1          the early days, I assumed it was a manual count, the
     2          computer systems were not involved in counting it, but
     3          I think nowadays it is done on computer systems in
     4          a number of hospitals.
     5      MR LANGSTAFF:  Can we take it in stages?  In the older
     6          days, do you actually know how it was done?
     7      DR AYLIN:  The description I have heard of it is that it
     8          is much more of a manual system than an electronic
     9          system.  That is where you can make your comparison
    10          between the HES data and the KP.
    11      MR LANGSTAFF:  Can you help us, because there is a slight
    12          difference of information you both have about it, as to
    13          what the manual system consisted of?
    14      A.  I think the system for actually producing KP70 was
    15          different in different places.  I think Mr Aylin is
    16          right, there were manual systems in many places to do
    17          it.  What actually happens is that in terms of national
    18          standards, we asked the NHS for information, but the
    19          actual method of compiling it may not necessarily be set
    20          out for people, so it is up to people locally to decide
    21          the best way to actually produce that information.
    22      Q.  So we have got to the stage that KP70 constitutes some
    23          form of independent check, albeit broadbrush check --
    24      A.  Yes.
    25      Q.  -- I think you are agreeing with that, of the general
0059
     1          accuracy of the picture, completeness of coverage --
     2      A.  Yes.
     3      Q.  -- of the HES data?
     4      A.  Yes.
     5      Q.  Presumably, if one looks at the figures that you quote
     6          here on page 110, a percentage like 88 per cent, even
     7          though one is dealing with large numbers, is actually
     8          quite specific.  If we look to the independent count of
     9          finished episodes, KP70, we have 8,052,319, so someone
    10          has been able to go to the last one and say "This is not
    11          broadbrush, we have a figure we can put on KP70 here".
    12                Is that an actual accuracy, or is it a spurious
    13          accuracy?  Can you comment?
    14      A.  I mean, I think probably going down through the last
    15          consultant episode, perhaps either on a HES or KP70
    16          would introduce spurious accuracy.  I think the key
    17          thing from the Inquiry's point of view is to perhaps
    18          note the 88 per cent as something which actually could
    19          have been a lot worse, but at least we did have 88 per
    20          cent of the records in, but was an indication to us that
    21          we needed to get the complete numbers of records in as
    22          far as we could, and the figures for later years
    23          actually show that the overall coverage of HES compared
    24          with KP70 has been pretty good.
    25      Q.  So again, looking down the lists that we have on the
0060
     1          screen, there are two percentage columns -- one
     2          percentage coverage, one percentage diagnostic
     3          coverage.  Looking at them separately: percentage
     4          coverage obviously improves dramatically in the sense
     5          that KP70 and HES begin to correspond much more exactly
     6          up until -- between 1987 and 1990, when it gets up to
     7          98 per cent, between there or thereabouts, certainly
     8          within a 5 per cent margin of error of 100 per cent ever
     9          since?
    10      A.  Yes.  I mean, there may be variations between regions,
    11          as I think Mr Aylin brought out in one or two of his
    12          slides, but in general, the overall coverage of HES from
    13          about 1989/90 onwards has been good.
    14      Q.  Talking about regions, if we go to 189/113 and just turn
    15          it sideways, in 1991 to 1992 we can pick up South
    16          Western Regional Health Authority there, with its
    17          630,389, and there the correspondence is pretty good,
    18          2 per cent margin of error.  I say "pretty good"; is it
    19          pretty good?  Would one expect that figure to be 100 per
    20          cent, or is 102 per cent actually pretty good?
    21      A.  In theory, I suppose, it should not be above 100 per
    22          cent, but it highlights a problem we have on HES
    23          sometimes that actually we receive duplicate records, so
    24          sometimes regions have sent us the same records twice,
    25          but because we cannot separately identify the records,
0061
     1          you get two lots of them.
     2                So this sort of analysis is as good for us at
     3          spotting the duplicate record as it is for spotting
     4          under-reporting.
     5      Q.  The change in completeness appears to come about at
     6          about the same time as the purchaser/provider split.  Is
     7          this possibly because of any impact of contracting in
     8          the Health Service upon the need to produce better
     9          quality data so that the numbers contracted for could be
    10          followed through with the purchasers?
    11      A.  Certainly, the overall coverage is at about what one
    12          might term an acceptable level, 98 per cent or around
    13          that mark, from 1989 to 1990 onwards, which is prior to
    14          contracting.
    15                If one goes back to the previous table, 110, the
    16          percentage of diagnostic coverage did seem to do
    17          a further step improvement, that is the far right-hand
    18          column, where we notice an improvement from 1987/88 from
    19          75 per cent up to 88 per cent in 1990/91, but from
    20          1991/92 onwards when contracting was introduced it went
    21          up to 95 per cent, so that may have been a step change
    22          as a result of the contracting being introduced.
    23      Q.  The figure appears to be derived from the column
    24          immediately before it, the number of HES records without
    25          a usable primary diagnosis, and the informed speculation
0062
     1          would be, would it, that you need a usable primary
     2          diagnosis if that is what people have contracted for?
     3      A.  Yes.
     4      Q.  If there is no contract involved, then the need is not
     5          as great, so one might reasonably hypothesise that the
     6          change to purchaser/provider meant that people took
     7          greater care over the records.
     8                Is that a reasonable supposition?
     9      DR AYLIN:  I think so, yes.
    10      A.  Presumably if somebody goes into hospital, there is some
    11          diagnosis associated with why they have gone into
    12          hospital.  So they should all have a primary diagnosis,
    13          if not a hospital procedure.
    14      MR LANGSTAFF:  The incentive there is for people putting
    15          information into the system to get it right?
    16      A.  Yes.
    17      Q.  That is what the purchaser/provider split made
    18          a difference to, is the suggestion.
    19      A.  It is a possibility, yes.
    20      Q.  Going back for a moment, if I can, to 113 and turning it
    21          sideways, we picked up that the South West Regional
    22          Health Authority had a 102 per cent correspondence.  Its
    23          HES was showing rather more patients than its KP70 count
    24          in 1991/92.  If we look at 1992/93, it is 100 per cent.
    25          If we turn over the page, we will find it is 100 per
0063
     1          cent again in both the KP70, the HES and the diagnostic
     2          coverage and the following year, 101 and 99
     3          respectively.  Just completing the picture so far as you
     4          are able to show us, page 115, 101 and 98, that is the
     5          regional office, now?
     6      A.  Yes.
     7      Q.  Where the difference may be because the numbers are
     8          larger and obviously there are less regional offices
     9          than there were Regional Health Authorities?
    10      A.  Yes.  The figure of 1995/96 will include probably what
    11          was most of Wessex.
    12      Q.  Yes, and Wessex's results are slightly more variable
    13          throughout the period.  What those figures would suggest
    14          is that there appears to be, in the South Western
    15          region, very great correspondence, viewed at over
    16          650,000 admissions, between the numbers counted by HES
    17          and the numbers counted independently by KP70, and an
    18          appearance that of the records coming through, there is
    19          a diagnosis recorded for each and every episode?
    20      A.  Yes.
    21      Q.  That would tend to give one a bit of confidence, would
    22          it, at least as a starting point?
    23      A.  In overall terms, yes, it would give some confidence.
    24      MR LANGSTAFF:  You are agreeing with that?
    25      DR AYLIN:  I am agreeing with that.
0064
     1      MR LANGSTAFF:  If one looks at the problems which you
     2          identify in your statement to us, and the difficulties
     3          with the HES data, you, I think, have pointed out
     4          a number of things.  You have indicated that there may
     5          be regional variations and that would be important if
     6          one was trying to compare one region with another,
     7          presumably?
     8      A.  Yes, and a variation at regional level, or a figure that
     9          varies markedly from 100 per cent at regional level may
    10          mean at Trust level there are even greater variations,
    11          because you could have some Trusts that have sent in
    12          very little information at all, whilst a lot of them
    13          have achieved 100 per cent.  So variations below
    14          regional level may be even greater, so it tells you
    15          something about that as well.
    16      Q.  So that if, for instance, one has 100 per cent
    17          correspondence, it would argue that most Trusts have
    18          sent in full data; if it is 98 per cent, the two per
    19          cent may actually be a very bad Trust; it may be
    20          responsible for virtually all of that?
    21      A.  Yes.
    22      Q.  That is the point.  Do we have any evidence that
    23          that inequality of data actually happened?
    24      A.  Certainly when we did analyses in the early 1990s,
    25          because we were trying to decide how to make sense of
0065
     1          what was coming in.  We did find greater variability at
     2          the Trust level than we did at regional level, which led
     3          us to believe that it was safer to use the information
     4          at regional level rather than down at individual Trust
     5          level for a lot of purposes at that time.
     6      Q.  You make the point that the provision of data was not
     7          compulsory?
     8      A.  There was no legal obligation to provide it; it was part
     9          of what has been termed over the years a "mandatory"
    10          set of information which all parts of the NHS should
    11          submit.  There was no, as it were, legal statutory
    12          requirement.
    13      Q.  Does that actually matter if we see that, taken on the
    14          whole, there is something like 98, 100 per cent
    15          correspondence?  It is not really a problem for us, is
    16          it, if by and large it seems that everyone has actually
    17          provided the data?
    18      A.  That shows us that everyone has provided the number of
    19          records we would expect, and the vast majority have
    20          added diagnosis in.  It does not tell us anything about
    21          the other 40 or so data items that we collect on HES and
    22          the quality of those.  That is in many areas more
    23          difficult to assess until you start to use the HES
    24          data.  It is getting back to the male hysterectomies.
    25          You do not pick those up until you start to run analyses
0066
     1          of the system.
     2      Q.  In terms of usability for our purposes, moving from that
     3          particular defect to utility, can you help at all with
     4          what we need out of the data and whether it will provide
     5          it to a sufficient degree, it not being compulsory to
     6          supply all the data?
     7      DR AYLIN:  Given the problems with data quality, there are
     8          specific problems involved in actually using HES
     9          information for the kind of information that we want to
    10          find out, and I have summarised in INQ 2/15 some of the
    11          problems in actually analysing HES.
    12                The first point that we brought up was this
    13          problem of episodes versus spells.  The next page, 16,
    14          has a summary of episodes and spells, and perhaps
    15          illustrates some of the problems, although it does not
    16          come across very well.  You can have a number of
    17          episodes in a spell.  If you have an operation in
    18          a first episode within a stay or a spell in hospital and
    19          you want to find out what happened to that person,
    20          whether they died, whether they were sent home or
    21          whether they were transferred to another hospital, you
    22          have to be able to link these episodes together in order
    23          to be able to get an outcome for the end of the hospital
    24          spell.
    25                There are problems with linking these --
0067
     1      Q.  Can I stop you there?  What you are saying is --
     2          underneath the black bar at the bottom, incidentally, on
     3          the screen, if you have a photocopy, you would detect
     4          the words "episode 1, episode 2" in the middle and
     5          "episode 3" to the right, so that people watching can
     6          follow it a bit more easily.
     7                Are you saying that, taking episode 1, that is
     8          a finished consultant episode because somebody comes in
     9          under the care of a surgeon, let us say it is
    10          orthopaedics, and because it is quite obvious in the
    11          hospital he has a cardiac problem he is transferred to
    12          a cardiologist?
    13      A.  Yes.
    14      Q.  So that is episode 2.  If the result of the
    15          cardiologist's intervention is that he goes for surgery
    16          in a third discipline and then dies, is it the position
    17          that each of the first two finished consultant episodes
    18          will not record death as an outcome?
    19      A.  They will not have it directly on the record, yes,
    20          because we will get separate records in for each of
    21          those three episodes that are shown there.
    22                What we have started doing now is what we call
    23          "fuzzy matching the records": we cannot identify the
    24          person, but identify whether it is the same person in
    25          episode 1, 2 and 3, and hence, bring the records
0068
     1          together.  That forms the basis of some recent
     2          publications, clinical indicators which came out
     3          a couple of weeks ago.
     4                The basic building bricks of HES as they came in
     5          and were available, particularly in the early 1990s, as
     6          Mr Aylin described, they were the finished consultant
     7          episodes, the separate building bricks shown there of
     8          episode 1, episode 2 and episode 3.  You would not
     9          necessarily know, if someone died as a result, in
    10          episode 3, that they were linked with episode 1.  It
    11          would be a separate record that came in, and we would
    12          not be able to identify that they were the same person.
    13      Q.  You quote a percentage in your evidence to us of the
    14          number of people who have more than one finished
    15          consultant episode in a spell?
    16      A.  Yes.
    17      Q.  I think it is 5 per cent?
    18      A.  Yes.
    19      Q.  How do you know that it is 5 per cent if, looking
    20          back at the data, there is no way of saying it is the
    21          same patient in each of these episodes?
    22      A.  We do get a field of information on the record, actually
    23          called "episode order" and it tells us whether it is the
    24          first in a spell, the second in a spell, the third or
    25          a subsequent one.  So we can count up all the episodes
0069
     1          and see how many first episodes we have and see how many
     2          people would have subsequently had second episodes.
     3      Q.  Looking back historically at the data, if it is 5 per
     4          cent -- I do not know whether you want to ask any
     5          questions of Mr Willmer about the percentage here?
     6      DR AYLIN:  I think that 5 per cent would refer to all
     7          episodes, but I think there would be differences between
     8          different specialties and probably between different age
     9          groups and things like that, and perhaps within
    10          different hospitals and different specialist units, so
    11          that would be an overall figure.  But you would expect
    12          perhaps some specialties, if you go into a particular
    13          specialty, you are more likely to be transferred to
    14          another specialty or another consultant than other
    15          specialties, so I think there would be differences.
    16      A.  I think that is absolutely right.  If you look at basic
    17          elective admissions for, say it was a hip operation or
    18          something like that, the ratio is quite low.  If you
    19          start to look at emergency admissions, if you start to
    20          look at the very elderly, then the rates start to rise
    21          quite high, so there are quite wide variations.
    22                It is one of the things you have to bear in mind
    23          when you are using HES as to whether it is likely to be
    24          a significant problem or not.
    25      MR LANGSTAFF:  So can either of you say, or would you
0070
     1          like to come to a view to help us what the position is
     2          likely to be when you are looking at the specialty of
     3          cardiac surgery, paediatric cardiac surgery, which in
     4          essence is unlikely to be anything other than the
     5          rectification of a congenital heart problem, one might
     6          have hypothesised that it would be admitted as such?
     7      A.  I do not know what the figures are, but we could
     8          probably run something to find out what it is.
     9      DR AYLIN:  I do not know the figures offhand.
    10      MR LANGSTAFF:  But between you, you think that can be done?
    11      A.  We can run the HES data by specialty and look at the
    12          ratio by specialty.
    13      Q.  Because if one were to show that the 5 per cent overall
    14          figure, although it may be composed of a greater
    15          percentage in some specialties than others, was a much
    16          lesser percentage in paediatric cardiac surgery, then it
    17          would not be a problem for us, whatever the problem may
    18          be elsewhere?
    19      A.  Yes.
    20      DR AYLIN:  Yes.
    21      MR LANGSTAFF:  You were taking us, Dr Aylin, through the
    22          previous page.
    23      DR AYLIN:  Yes, the list of problems in analysing HES
    24          data.  The second point, that there is no actual patient
    25          identifier on the records, there is no patient
0071
     1          identification number, is a problem in both looking at
     2          joining these episodes to spells, and also not only
     3          counting the number of spells and their outcomes that
     4          are going through a particular unit, but counting the
     5          number of individuals going through a particular unit.
     6          It is very difficult to count individuals, the number of
     7          children or people that go through a particular unit,
     8          without this identifier.
     9                So that is another issue which you have to take
    10          into consideration when looking at the data.
    11      A.  I agree with that.  It was actually a specific
    12          recommendation of the review in the 1980s that the
    13          Department of Health should not have identifiers, purely
    14          for reasons of confidentiality, and it was not seen as
    15          important at the time, but in order to do the type of
    16          analysis that I think the Inquiry is interested in and
    17          Mr Aylin has mentioned, you want to be able to
    18          differentiate between individuals even if you do not
    19          want to identify them.  You want to see what happens to
    20          the same individual over a period of time.  And actually
    21          from 1997, I think it is, we are getting a new NHS
    22          number, so in future analyses of HES we will be able to
    23          do that, subject to maintaining confidentiality, which
    24          is a very firm thing we have to do all the time,
    25          clearly.  But for the period of the Inquiry, we would
0072
     1          have to rely on the "fuzzy" matching process which
     2          I have mentioned previously to identify or hopefully
     3          identify the same people.
     4      Q.  Just exploring how great a problem this is for us in
     5          terms of the utility of it, we dealt with the question
     6          of episodes and spells, which is one spell consisting of
     7          1, 2, 3, 4, 5, 6, however many, different episodes under
     8          different consultants.
     9                What the patient identifier would resolve is more
    10          than one spell, is it?
    11      DR AYLIN:  If a patient was admitted into hospital, had
    12          an operation, was sent home and then came back some time
    13          later and died, if we had a patient identifier, we would
    14          be able to pick up that outcome, but it is very
    15          difficult at the moment without a patient identifier.
    16      MR LANGSTAFF:  So, to put a sort of character to it, if
    17          one had a patient who came in for surgery, the surgery
    18          was not particularly successful but the patient was able
    19          to go home -- we had such an example earlier in one of
    20          the parents who gave evidence before us -- but
    21          subsequently then required further surgery which may or
    22          may not have been a complication of the first surgery,
    23          as well as of the condition, one would not pick it up
    24          from this data.
    25      DR AYLIN:  It would be difficult without a patient
0073
     1          identifier.  You could use data, birth, sex and
     2          postcode, but it might be that that person has moved
     3          between the two admissions or there might be error on
     4          inputting the postcode or the date of birth, so it would
     5          be more difficult to pick up different spells within the
     6          same children.
     7      Q.  But if one had a view from, let us suppose, clinical
     8          experts that in general, with cardiac surgery in
     9          infants, a patient was unlikely to come back within
    10          a matter of years, except for those operations where,
    11          necessarily, there would have to be further operations
    12          conducted -- one thinks of the Sennings operation as one
    13          we have heard and will hear of -- if the general view
    14          was that it was an operation which was unlikely
    15          therefore to bring someone back because, in crude terms,
    16          the outcome was likely to be survival for a long time
    17          or, sadly, death, then if that were the general
    18          evidence, this would not be a particular problem for us?
    19      DR AYLIN:  No.  You would have to identify what you
    20          wanted to look at.  If you were just interested in
    21          deaths within a spell, then that would be easier to look
    22          at than if you wanted to look at people coming back and
    23          being readmitted.
    24      Q.  Again, if one were making a comparison using the
    25          national database to make a comparison between, say,
0074
     1          Bristol and other hospitals or another hospital, then if
     2          in general terms within the same specialty surgery was
     3          conducted in the same way, on that assumption, this
     4          would not be a problem: you would still be able to make
     5          the comparison across crude rates of mortality?
     6      DR AYLIN:  Yes.
     7      A.  If you compiled the information in the same way, and you
     8          could make an assumption about the way the care is
     9          provided, then that would not be so much of a problem.
    10      Q.  But the conclusion would be falsified if the assumption
    11          is wrong, obviously?
    12      A.  Yes.
    13      Q.  One further matter before we have a break for lunch.  It
    14          is the next item that you have on your slide.  What is
    15          the point there?
    16      DR AYLIN:  We have already talked a little bit about the
    17          limits of the OPCS 4 coding system and the inaccuracies
    18          or the differences in the way that they are coded and
    19          disagreement between different hospitals, and if we
    20          wanted to look at comparing one unit with the rest of
    21          the country or with other specialist centres, we would
    22          have to think about this.  Certainly we would not want
    23          to be using data before 1991, say, because of these
    24          problems with the procedure codes.
    25                There is one point that was not brought up in the
0075
     1          coding process, in that different hospitals, the coders
     2          actually use different sources of information in
     3          different hospitals to code the data.  Some hospitals
     4          use the clinical records to enter the data into the
     5          Patient Administration Systems and some hospitals use
     6          the discharge summaries.  From my experience working in
     7          a hospital in the early days of the code system, the
     8          coders used discharge summaries, but certainly at
     9          St Mary's where I am working at the moment, the coders
    10          look at the individual clinical records and type the
    11          information from there.
    12                So there may be differences between variability
    13          in coding because of that reason as well.
    14      MR LANGSTAFF:  Does that accord with your own
    15          experience?
    16      A.  Yes.  I think Mr Aylin has more firsthand experience
    17          of this than I have.  Certainly we are aware that there
    18          are different practices and different ways of doing
    19          things around the country which could give rise to
    20          differences in the codes.
    21      Q.  What one is describing there is not so much a different
    22          practice as a different primary source.  I suppose the
    23          discharge summary involves, again, somebody having not
    24          only looked at the clinical records but also having had
    25          experience clinically of the patient, saying in essence
0076
     1          what has happened and that being translated into codes,
     2          as opposed to someone actually trawling through the
     3          records and doing it.
     4                Would you hazard a view which was actually likely
     5          to produce the more accurate result?
     6      DR AYLIN:  No!
     7      MR LANGSTAFF:  On that note, it might be an appropriate time
     8          to break for lunch?
     9      THE CHAIRMAN:  If I may say, we are very grateful for what
    10          we have heard this morning.  We will adjourn now until
    11          1 o'clock, when we will continue to hear this evidence.
    12          Thank you.
    13      (12.20 pm)
    14                        (Adjourned until 1.00 pm)
    15      (1.07 pm)
    16      MR LANGSTAFF:  Dr Aylin, you have on the side, which you
    17          have prepared, the last two items we have not yet dealt
    18          with: potential weaknesses in HES, the first of them
    19          data quality and the second a comparison with other
    20          centres --
    21      THE CHAIRMAN:  Mr Langstaff, I think there were three.
    22      MR LANGSTAFF:  The definition of outcome mortality?  We had
    23          begun to touch on that.
    24      DR AYLIN:  We had covered it a little bit.
    25      MR LANGSTAFF:  Let us go on and talk about that.  What needs
0077
     1          to be said, or asked, about outcome mortality?
     2      DR AYLIN:  We just need to be aware when looking at the
     3          HES data that one only looks at deaths in hospital, one
     4          cannot look at deaths after people have gone home.  It
     5          is also very difficult if people have transferred to
     6          another hospital.  As long as we acknowledge that we can
     7          just look at deaths occurring within a particular spell
     8          within a hospital, then I think HES data is useful for
     9          that.
    10      A.  I would agree with that.  It is only picking up the
    11          events actually happening in hospital.  We are looking
    12          at ways eventually to bring in the Office for National
    13          Statistics, more general mortality information, to see
    14          whether we can pick up eventually deaths outside
    15          hospital.
    16                We are also doing linkage work so that where
    17          a patient is transferred from one hospital to another
    18          and then subsequently dies, that would also be picked up
    19          as part of the same hospital spell, as it were.
    20      Q.  You would be able to do that nowadays because of the NHS
    21          number, presumably?
    22      A.  With the NHS number coming in, we will be able to do
    23          linkage, and we need to look at the best way to do
    24          linkage with other information, yes.
    25      Q.  Looking at it for our purposes, providing we understand
0078
     1          that it is the hospital and therefore we cannot pick up,
     2          let us suppose, tertiary referrals following surgery to
     3          somewhere else where a child dies, if one eliminates
     4          cases such as that -- that may not be the only
     5          example -- then we have something which is usable?
     6      DR AYLIN:  Yes, I think that is fair.
     7      THE CHAIRMAN:  Mr Langstaff, Mrs Maclean has a question.
     8      MRS MACLEAN:  If I may put a question to Dr Aylin
     9          before we go on, just to complete this section: you are
    10          describing the difficulty of or at least the limitations
    11          of HES relating to mortality data.
    12                In the case of a patient who has more than one
    13          episode in the same hospital, would the mortality data
    14          be linked to the last episode?
    15      DR AYLIN:  Yes.  Each finished consultant episode has
    16          a field, or actually two fields, which give a method of
    17          discharge.  If that field is blank or if it has a dash
    18          in it, that means that there is another episode in that
    19          spell.  It is only the final episode in a spell or in
    20          a length of stay in hospital which has whether they were
    21          discharged home, whether they were transferred to
    22          another hospital or whether they died.
    23      Q.  The reason I asked is, in the case of the management of
    24          intensive care units where a patient might be under the
    25          clinical care of an intensivist rather than a surgeon.
0079
     1          In that instance it would be the intensivist episode
     2          which would be linked to the mortality.
     3      A.  Yes.  That is one of the reasons why we would want to
     4          try and match as many episodes to spells as we can, or
     5          link episodes using date of birth, sex and postcode.
     6          We have already talked about some of the problems with
     7          that.
     8      MRS MACLEAN:  Thank you very much.  It is very helpful.
     9      THE CHAIRMAN:  Mr Langstaff, again, Professor Jarman
    10          has a question.
    11      PROFESSOR JARMAN:  While we are on the subject, if
    12          a Trust had a practice whereby they tended to discharge
    13          patients to another Trust for nursing care, et cetera,
    14          and that was more likely to happen than average, you
    15          would not pick up that death if the person were to die
    16          outside the Trust, would you?
    17      A.  If they subsequently died in another Trust and it was
    18          part of the same, as it were, spell in hospital, even
    19          though it was not the same hospital, we are now picking
    20          that up in some of our linkage work.
    21      Q.  In the time we are talking about, you were not able to?
    22      A.  We have not gone back and done that linkage work for the
    23          earlier period of time.
    24      Q.  So in those types of hospitals, death rates would
    25          perhaps artificially appear to be lower?
0080
     1      A.  Yes.
     2      MR LANGSTAFF:  We have not looked at the definition of
     3          outcome.  How easy is it to use HES, for instance, to
     4          take the case of paediatric cardiac surgery which has
     5          the result that, or put another way, leaves the child
     6          with brain damage?
     7      A.  In a sense, HES does not really cover anything on
     8          outcomes, apart from the deaths information.  It was
     9          designed as a sort of national tool to look at for
    10          planning purposes and that type of thing.
    11      DR AYLIN:  There are a number of fields allocated for
    12          diagnosis, at least four fields allocated for diagnosis,
    13          but for each episode, if you have an operation in that
    14          episode, you do not know whether the diagnosis given on
    15          that episode happened after the procedure or before the
    16          procedure.
    17                I think perhaps multiple episodes within a spell,
    18          one might be able to look at the episodes after an
    19          operation and look at any diagnosis on those episodes,
    20          but as we have already said, it seems that -- certainly,
    21          generally speaking, it is only 5 per cent of spells
    22          which have multiple episodes.  So that would only be
    23          able to contribute to that small percentage.
    24      MR LANGSTAFF:  There may be some measures which are,
    25          as it were, surrogates for outcome: for instance, the
0081
     1          length of time that a patient spends as an
     2          inpatient: would that be measured?  Can one take that
     3          out of HES?
     4      DR AYLIN:  One could measure the length of stay; one
     5          could measure the total length of a spell.  One would
     6          have to ask, what would that mean, what would that tell
     7          you?
     8      MR LANGSTAFF:  There are obviously issues of interpretation.
     9          Is it, for instance, that this hospital simply wants to
    10          get its beds clear to bring in other patients in order
    11          to secure patient care in the neighbourhood, or does it
    12          have a policy of keeping patients in?  One only has to
    13          think of maternity hospitals, where nowadays some
    14          mothers are out within 24 hours; at the time of my own
    15          family, it was 7 days.  Obviously policies change.
    16          Nonetheless, given difficulties of interpretation, there
    17          is some measure there that might be at least flagged up
    18          and one could begin to interpret, is there?
    19      DR AYLIN:  Yes.  One might be able to look at the time
    20          from procedure to discharge, or death.
    21      MR LANGSTAFF:  So, data quality.
    22      DR AYLIN:  That was a general comment.  I think we spent
    23          most of the morning talking about the problems with data
    24          quality and why that would give difficulties in
    25          interpreting the data.  Certainly going back before
0082
     1          1991, I think there are at least serious "health
     2          warnings", to use your words, on that.
     3                From 1991, I think the quality is such that we
     4          could certainly look at the data and see, maybe look at
     5          some of these quality issues and use the data for the
     6          sort of purposes that the Inquiry wants.
     7                We did have the distinction of coverage,
     8          completion and accuracy that David used as the
     9          parameters of data quality.  I think it is possible --
    10          and Richard Willmer indeed does it -- to look at
    11          coverage by comparing HES data with KP70 returns.  We
    12          have covered that a little bit.  It is also possible to
    13          look at completeness of fields, how many of the fields
    14          actually have a valid entry.  That can be looked at, and
    15          indeed we have looked at that and seen that, certainly
    16          for diagnosis, it has improved over the years.
    17                But the problem of accuracy, how far do the
    18          computer records actually reflect the truth, is a much
    19          more difficult aspect to look at and may be impenetrable
    20          in some respects.
    21                I think, looking at the first two parameters,
    22          things obviously seemed to be getting better, and it
    23          looks as if we probably can use HES data for an analysis
    24          of the things we want to look at.
    25      A.  I would support that.  A first look at the tables you
0083
     1          were showing us this morning indicate that.  It may be
     2          that when you get into a specialised area, you find
     3          other issues about the quality.  It is a bit like
     4          getting back to the male hysterectomies I mentioned this
     5          morning.  It is not until you use the data that you
     6          discover the point.  There is data there that is useful
     7          to the Inquiry.
     8      MR LANGSTAFF:  The starting point is that we look as
     9          though we have useful material which will tell us on
    10          a national basis what the position was, all due regard
    11          being made to the points we have been discussing in
    12          terms of coverage and completeness.  There remains the
    13          query over accuracy.
    14                Can I just explore that a little bit more?  Both
    15          of you obviously think that despite that, or despite any
    16          queries one might have, the data is usable.
    17                Accuracy will depend upon obviously the accuracy
    18          of input and the accuracy of input to an extent that it
    19          is a matter of judgment, the interpretation of the
    20          source material by the coder.
    21      DR AYLIN:  Yes.
    22      MR LANGSTAFF:  So one is back to the coder and how devoted,
    23          how interested, how motivated, he or she is.
    24      DR AYLIN:  The coder also depends on the accuracy of the
    25          clinician either in writing the discharge or in the
0084
     1          notes that they make on the clinical records.
     2      Q.  So essentially, human factors?
     3      DR AYLIN:  Yes.
     4      MR LANGSTAFF:  But to an extent, is it true to say that
     5          human factors are present in any data source from which
     6          one would seek to derive information?
     7      A.  Yes.
     8      Q.  And if one were to say, human resources are a well-known
     9          fallible source, one could not rule out information on
    10          that basis, otherwise most information that we use for
    11          epidemiological purposes we would never use at all,
    12          would we?
    13      A.  I do not think it is a case for ruling it out.  It is
    14          a case of being aware of it when you start to analyse
    15          the data.
    16      Q.  Are you answering as you do because you are both
    17          involved in statistics and therefore have an interest in
    18          this?
    19      DR AYLIN:  I think that is a common sense view that most
    20          people would understand: there are limitations to any
    21          data sources that you look at, but there is also some
    22          utility in data sources and you can use them as long as
    23          you acknowledge some of the limitations within it.
    24      Q.  I think this is coming to the last point, the comparison
    25          of other centres.  Subject to its limitations, what can
0085
     1          HES from 1991 onwards tell us?  We have pretty well
     2          ruled out pre-1991 for the reasons we have spoken about.
     3      A.  Yes.  The United Bristol Healthcare Trust was one of the
     4          first-wave Trusts, I think, which came in in 1991, so we
     5          had information back to 1991/92, and as other Trusts
     6          came on stream, we had the information for those
     7          separately as well.  So subject to the limitations we
     8          have discussed during the course of today, one can
     9          produce some analyses from HES and probably use HES as
    10          well as an audit tool with other data sources.
    11      MR LANGSTAFF:  So we can measure obviously straight
    12          mortality, survival.  We can get some idea, very
    13          vaguely, of quality of outcome by length of time,
    14          subject to interpretation?
    15      A.  That seems a suitable thing to look at, yes.
    16      Q.  We can get postcodes, can we not?
    17      DR AYLIN:  Yes.
    18      MR LANGSTAFF:  Which would give perhaps some idea of
    19          referral patterns, would it?
    20      DR AYLIN:  That would be possible, yes.  Not so much
    21          referral patterns, because up until the time that we are
    22          looking at, outpatient records were not included on the
    23          HES data; is that right, Richard?
    24      A.  That is right.  Outpatients are not part of the record.
    25      DR AYLIN:  So one would only be able to look at people who
0086
     1          have been admitted to the hospitals.
     2                To that extent, one could look at where patients
     3          were coming from and whether patients within the
     4          catchment area of Bristol were perhaps going elsewhere
     5          as well.
     6      MR LANGSTAFF:  So we are unlikely in the context of
     7          paediatric cardiac surgery to be concerned with the
     8          outpatient attendances rather than the inpatient ones?
     9          We may establish a referral pattern for those people who
    10          were inpatient which may tell us or leave some gaps
    11          which need to be explained.  We might be able to find
    12          out if we looked at Great Ormond Street records that
    13          there were a substantial number of people with a Bath
    14          postcode, for example?
    15      A.  Yes.
    16      Q.  That might raise questions.  It would not tell us
    17          anything, save that that was what the position was?
    18      DR AYLIN:  Yes.
    19      A.  Yes.
    20      MR LANGSTAFF:  What else, if anything, would one be able
    21          to determine from the data?  How valid a comparison
    22          might one make between Bristol on the one hand and other
    23          centres?  You were talking about using the HES data to
    24          audit or cross-refer other data.
    25      A.  Yes.  You check at aggregate level whether the numbers
0087
     1          of cases are the same held on other systems.  It may
     2          tell you something about the quality of HES or the
     3          quality of the data on other systems and compare broad
     4          numbers.  If you have different sources, you can always
     5          see whether they match or areas where they should do.
     6      Q.  So if the cardiothoracic register, for instance, was
     7          broadly comparable to the results in the HES analysis,
     8          you might have confidence in both?
     9      A.  Yes.
    10      Q.  What happens if it is not the case?
    11      A.  It is like everything else, it raises questions and you
    12          start to explore which one you think may be right or
    13          wrong.
    14      Q.  Or neither?
    15      A.  Or neither.
    16      Q.  We are going to hear about the register in a moment.
    17          I am sorry to flag that up!
    18                Is there any other point which you would wish to
    19          make or discuss as to the historical position in respect
    20          of HES, from 1984, HIPE, and HES from 1984 to 1995.
    21      DR AYLIN:  To sum up, I think the HIPE data, because of
    22          the 10 per cent sampling and the published tables --
    23          I have looked at the published tables and they do not
    24          give us any of the information that we want.  They will
    25          give you region of treatment, but then, looking at the
0088
     1          tables, you cannot disaggregate those into age and
     2          specialty and things like that.
     3                So far as HIPE is concerned, I think it is
     4          unlikely that will shed much light on the Inquiry.
     5                For the early HES data years up until 1991,
     6          I think there are serious problems with those years.
     7          I think if we wanted to analyse that, we would have to
     8          analyse with a great deal of caution.  I would suggest
     9          that we would not want to analyse it.  From 1991
    10          onwards, I think we have some useful information which
    11          has a fair degree of completeness and coverage.  There
    12          is a question mark over the accuracy, but I still think
    13          we can go forward on that and take a look at it.
    14      A.  I would support that, yes.
    15      MR LANGSTAFF:  I have dealt with the historical picture.
    16          You, of course, are responsible for HES now and have
    17          learned, I think, judging by what you say in your
    18          statement, some of the lessons of history.  We are
    19          operating of course in 1999, now.
    20                Is there anything you would like to say generally
    21          to us, and indeed to the wider public, about the quality
    22          of the data now?
    23      A.  I think the point made today has been very valid about
    24          the period in question and in general, we see HES and
    25          its improvements as a sort of evolving process.  If you
0089
     1          look back ten years, we were not using HES at all.  If
     2          you look back five years, we were using it very broadly
     3          for national planning purposes.  If we look at it now,
     4          there is the recently published clinical indicators
     5          which are starting to help people ask the questions that
     6          I think this Inquiry is interested in about rates
     7          between different hospitals and why they differ.
     8                That in itself is stimulating a lot of interest
     9          in data quality, so we see, I think, a great interest in
    10          data quality through using data and, getting back to
    11          a point we were discussing five or ten minutes ago, the
    12          reasons for not using the data, I think you can always
    13          find reasons for not using data, but if you start to use
    14          it, you start to improve the quality of it and you get
    15          into the upper spiral I was mentioning this morning,
    16          that people use it more to get it right rather than the
    17          downward spiral and saying "This is not 100 per cent
    18          perfect"; you spiral down.
    19                There is a lot more interest in HES data quality
    20          and getting it right.  We are producing for all Trusts
    21          around the country a quite sophisticated data quality
    22          indicator to show how some of the key fields are now
    23          performing so they have a chance to look at that and see
    24          how to improve it.
    25                With regard to accuracy, there is a large
0090
     1          programme as a result of the information for health
     2          strategy which came out last year, for improving
     3          information generally and in the long-term, there is
     4          a look at electronic patient records and electronic
     5          health records which will probably help in the future,
     6          to look into these areas.
     7                But also, data accreditation at Trusts, which as
     8          I understand it is going to become mandatory from next
     9          year, that actually systems must be in place within the
    10          Trusts to ensure the accuracy of the data that is being
    11          coded there.  I think that will be another sort of
    12          positive step to help things for the future.
    13                Finally, the other work we are doing, I mentioned
    14          the inclusion of the NHS number, we are hoping by doing
    15          that to be able to do more linkage of the type we have
    16          been discussing today so we can answer the question not
    17          just that somebody went into hospital, but what happened
    18          next, what happened afterwards.  That is the key, often,
    19          to looking at outcomes of treatment.  I think it was
    20          just a message that there is a lot happening at the
    21          moment which hopefully will prepare the ground for
    22          better information in the future.
    23      Q.  It has been suggested in some circles, certainly in some
    24          press circles, that the recent initiatives in publishing
    25          data produced as it were a league table: one would
0091
     1          describe one hospital as best and the other as worst.
     2          There is an obvious parallel between those who might see
     3          data showing Bristol, if it does, as an outlier, as
     4          indicating that Bristol is either very much better or
     5          very much worse than other hospitals.
     6                Can data actually show anything as to the badness
     7          or goodness of treatment without interpretation?
     8      A.  I think the Secretary of State actually said that the
     9          data published recently should not be treated as league
    10          tables, they should actually be treated as a set of
    11          information which needs to be explored, as our first
    12          speaker said this morning, to see why there are
    13          differences rather than saying a place is good or
    14          a place is bad.
    15      DR AYLIN:  I think in looking at differences between
    16          hospitals, you need to remember that there may be many
    17          explanations for these differences.  You may be looking
    18          at differences in severity of disease and case mix of
    19          the unit or the hospital working on.  You may be looking
    20          at variations in coding practices and coding quality.
    21          This whole issue of coverage, completeness and accuracy
    22          may cause differences between centres.  You may be
    23          looking at chance variations, random fluctuations from
    24          year to year, as David was saying, bad luck some years,
    25          and on top of that, you may actually be looking at what
0092
     1          you actually want to look at and I suppose the idea of
     2          looking at this data is trying to look at actual quality
     3          of care, but you have to take all those other things
     4          into consideration when interpreting the analysis.
     5      MR LANGSTAFF:  But the first step is whether one can do
     6          the analysis with a certain degree of confidence of
     7          getting something which is worthwhile, and your joint
     8          view is, yes, we can in this case.
     9      DR AYLIN:  Yes.
    10      A.  Yes.
    11      MR LANGSTAFF:  Sir, those are the questions I want to ask of
    12          Mr Willmer.
    13      THE CHAIRMAN:  We do not have any questions.  Mr Pirani?
    14      MR PIRANI:  I have no questions, thank you, sir.
    15      THE CHAIRMAN:  Mr Willmer, thank you very much indeed.
    16          Please come and, as it were, join us in the hearing
    17          chamber elsewhere, and we will move on, shall we, to our
    18          next witness, Mr Langstaff?
    19      MR LANGSTAFF:  Yes.  Mr Keogh.  Mr Keogh, if you would not
    20          mind standing to take the oath?
    21                        MR BRUCE KEOGH (SWORN):
    22                        Examined by MR LANGSTAFF:
    23      Q.  Mr Keogh, what is your full name?
    24      A.  Bruce Edward Keogh.
    25      Q.  You are a consultant cardiothoracic surgeon?
0093
     1      A.  Correct.
     2      Q.  In that capacity, you are, are you, the Secretary of the
     3          Society of Cardiothoracic Surgeons of Great Britain and
     4          Ireland?
     5      A.  That is correct.
     6      Q.  In that capacity, you have prepared for us a statement
     7          which we find, WIT 163, beginning at page 1, and you
     8          give us a number of various appendices to that: the
     9          statement and the appendices together constitute 39
    10          pages.  Let us just go to the very last of those,
    11          WIT 163/39.
    12                Is that statement true and accurate?
    13      A.  It is.
    14      Q.  You appreciate -- having sat in on this morning's
    15          discussion -- that the purpose is to look at the
    16          strengths and weaknesses of the data sources, to find
    17          out something about them so that those who follow these
    18          proceedings on the Internet will understand, and know
    19          where we are, and to identify what use, if any, this
    20          Inquiry can make of the data which your Society has
    21          kept.
    22                Again, a bit of background.  You tell us that the
    23          register began in 1977?
    24      A.  Yes.
    25      Q.  If one were to look at some of the features of it, it
0094
     1          sought returns from a number of different hospitals in
     2          both cardiac and thoracic surgery?
     3      A.  There are two registers.  Perhaps it would be helpful,
     4          Mr Langstaff, if I just gave you a very brief overview
     5          of the nature of data collection for the Society.
     6                In 1977, under the guidance of Sir Terence
     7          English, the Society established the Cardiac Surgical
     8          Register, which strives to collect activity and
     9          mortality data on a number of procedures, both adult and
    10          paediatric, from all NHS cardiac units within the United
    11          Kingdom.
    12                At about the same time, a Thoracic Surgical
    13          Register was also established with the aim of collecting
    14          information on thoracic surgical procedures from
    15          thoracic units within the United Kingdom.  At that
    16          point, there were two sources of information.
    17                Then, in 1986, a Heart Valve Registry was
    18          established by Professor Ken Taylor and that had
    19          a slightly different remit in that it collected
    20          information on heart valve implantations throughout NHS
    21          units in the United Kingdom.  This data was collected
    22          from a slightly different source.  It has been a useful
    23          source of information, because it has enabled us to
    24          cross-link and to see whether both registers are coming
    25          up with approximately the same numbers.
0095
     1                Then, in 1994, the Society recognised some of the
     2          weaknesses of the Cardiac Surgical Register, in
     3          particular, its inability to correct for case mix and
     4          therefore its very limited value in any form of risk
     5          stratification.
     6                To that end, we strive to develop a more
     7          comprehensive patient orientated database, with the aim
     8          of collecting about 150 data points from each individual
     9          patient undergoing adult cardiac surgery in the United
    10          Kingdom.
    11                We have come some way in the last five years, but
    12          we have still not achieved 100 per cent collection of
    13          that data throughout the UK.  So that remains a parallel
    14          initiative, parallel to the existing cardiac and
    15          thoracic surgical registers and the United Kingdom heart
    16          valve register.
    17      Q.  The register is voluntary, is it?
    18      A.  Indeed.
    19      Q.  So is there any funding, incentive, for people to
    20          co-operate with the register?
    21      A.  There is absolutely no funding incentive at all.  The
    22          register, from its very inception, has been funded out
    23          of subscription from our members.  There is no other
    24          source of income.
    25      Q.  Does it mean that those who contribute to the register
0096
     1          have this advantage, possibly: that they are actually
     2          interested in providing the data as accurate data, as
     3          opposed to being paid for a clerical job, part of which
     4          includes the collation and transmission of data?
     5      A.  Absolutely correct.  The incentive for the average
     6          cardiac surgeon is that he would like to see how the
     7          specialty is evolving.  He is interested in receiving
     8          aggregated data and to that end the only way he will get
     9          aggregated data is if he submits his own data.
    10      Q.  Is that strictly right?  Can he not simply go along to
    11          the next annual meeting of the Society and pick up
    12          everybody else's aggregated data and secretly compare
    13          his own?
    14      A.  Indeed, he could.
    15      Q.  So why does he not?
    16      A.  I would like to think because he is a person of
    17          integrity, but assuming he were not, he would be
    18          encouraged to submit his data by peer group pressure and
    19          also from the Secretary of the Society, who sends out
    20          numerous reminders asking for that data.
    21      Q.  That is you?
    22      A.  It is.
    23      Q.  Sending out numerous reminders?
    24      A.  Yes.
    25      Q.  So some people are reluctant to send data?
0097
     1      A.  They are not reluctant, they are busy people and have
     2          other things to do, and maybe this is not always at the
     3          top of the agenda.
     4                Having said that, we get very good returns for the
     5          data.  Perhaps I could give you an example of the
     6          completeness.  For example, between 1985 and 1989,
     7          a five-year period, there were only three units out of
     8          approximately 35 who failed to return their data.  Of
     9          those three units in fact two units were the same.  That
    10          represents less than 2 per cent of contributions
    11          missing.  So we believe that the data is relatively
    12          complete.
    13      Q.  In terms of those units, they were cardiac units?
    14      A.  Yes.
    15      Q.  Were any of those units, units performing paediatric
    16          cardiac surgery, so far as you know?
    17      A.  Yes.
    18      Q.  And there is no problem, I think, in identifying them
    19          because they were named and shamed at the time?
    20      A.  Yes, indeed.  This goes back in some sense to your
    21          previous question.  There is an incentive to submit the
    22          data, in that if you do not, you are named and shamed
    23          and published and publicly mentioned at our annual
    24          business meeting.  That tends to encourage submission in
    25          the following year.
0098
     1      Q.  Can you tell us which units deserved public humiliation
     2          in the three units you mentioned?
     3      A.  There have been a variety of units over the years.  Of
     4          the three that I mention, only one springs to mind and
     5          that was the Harefield Hospital.
     6      Q.  You produce a set of figures, if we go to 163/8, at
     7          Appendix B you have given us a review of incomplete
     8          returns.  If one looks overleaf to 163/9, we can see --
     9          your statement will go out on the Internet, so anyone
    10          wishing to look at this can see -- that a number of the
    11          units, the same numerical digit, appears time and time
    12          again between 1984 and 1992 as having supplied
    13          incomplete returns.
    14                The status is described as "missing as stated".
    15                How does this fit in with the answer you have
    16          given me a moment ago that there were only three units,
    17          so far as cardiac surgery was concerned, in the central
    18          years of our Inquiry, which did not supply data?
    19      A.  Firstly, I would like to say that if you look in the
    20          sentence just above this table, I say:
    21                "Please find below a table of the missing data as
    22          requested."
    23                I think that should read "forms" because some of
    24          the these are simply forms that are missing, the data
    25          itself may not be missing.
0099
     1                There are several reasons why this rather large
     2          table gives the impression of a lot of missing data.
     3          Firstly, some of the unit numbers which are described
     4          represent units which perform pure thoracic surgery, so
     5          they will go down as "no cardiac data".  Some units have
     6          ceased to practice cardiac surgery.  Some units have
     7          merged: for example, if you look at that table, units 2
     8          and 1 have merged.  New units evolve and attract new
     9          codes, and to perhaps put that in perspective, in
    10          London, for example, Charing Cross Hospital and the
    11          Westminster Hospital no longer practice cardiac
    12          surgery.  The Brooke Hospital moved to Guy's and the
    13          Guy's unit has now moved to St Thomas's.  The National
    14          Heart Hospital has closed and now moved to the
    15          Brompton.  The Glasgow Children's Hospital in Scotland
    16          has moved to the Glasgow Royal.  Killingbeck Hospital
    17          has now closed and moved to the Leeds General Infirmary,
    18          and more recently the London Hospital has moved to
    19          Barts.
    20                If one sees it in that perspective, those code
    21          numbers are not reallocated, they remain in the system
    22          and data will not be coming in from those units.
    23      Q.  So one should not look at the table and say "What a lot
    24          of missing data", because in fact there is very little
    25          missing data, is what you are telling us?
0100
     1      A.  There is very little missing data.
     2      Q.  Can we look at the advantages and disadvantages from our
     3          point of view.  One of the advantages would be the
     4          completeness of coverage which, from your answers you
     5          have just given me, would appear to be the case?
     6      A.  I believe so.
     7      Q.  What would you say were the weaknesses in drawing
     8          conclusions for the purposes of comparative performance
     9          between one centre and another?  Perhaps
    10          Dr Spiegelhalter would like to come in on this and
    11          respond to what you have to say.
    12      A.  The register has many strengths but it also has some
    13          weaknesses.  I think one of the main weaknesses is that
    14          there is voluntary contribution, and implicit within
    15          voluntary contribution is the feeling that there is some
    16          degree of tolerance or flexibility in the way that data
    17          is treated.
    18                Secondly, we have no validation of the data.  We
    19          would very much like to have validation of the data so
    20          that we can be sure not only that the data we were
    21          getting is accurate, but also that it is complete and
    22          that the two issues are different.  That, of course,
    23          costs money and we are a Society with only a few hundred
    24          members and to finance that sort of exercise is very
    25          difficult, although we are exploring validation of data
0101
     1          at the moment: I have a meeting with the Nuffield Trust
     2          tomorrow and the Rand Organisation from the United
     3          States, and we are meeting with the California Coronary
     4          Artery Bypass Reporting Group to look at ways of
     5          validating this.  In fact we have acquired some external
     6          funding via the Rand Organisation and the Nuffield Trust
     7          to look at the validity and accuracy of data for
     8          coronary surgery in selected units throughout the United
     9          Kingdom over the next year.
    10                So we are moving in that direction, towards
    11          validating our data.  I think those are the main
    12          weaknesses.
    13      Q.  The question of validation obviously throws doubts on
    14          the accuracy that one sees the figures as having.  We
    15          drew a distinction in the last evidence between
    16          coverage, completeness and accuracy.
    17                In terms of accuracy, how likely is it, as you see
    18          it, from your knowledge of those in the trade, as it
    19          were, that the data would be inaccurate?
    20      A.  I think broadly speaking the number of operations
    21          performed is pretty accurate because that is easy to
    22          validate internally within a unit, no matter who
    23          collects that data.
    24                If I would perhaps walk you through how this data
    25          might be collected, in the old days, before the advent
0102
     1          of local computer systems, most of the information on
     2          activity was collected from a combination of examining
     3          the theatre logbooks and the intensive care unit
     4          logbooks.
     5                Nowadays the activity data is collected from
     6          specific dedicated computer systems within cardiac units
     7          in the UK which are independent stand-alone systems, as
     8          a rule.
     9                The difficulty, really, is the collection of
    10          mortality data.  Firstly, I should say how we define
    11          mortality data.  Historically, it has been defined as
    12          death within 30 days of surgery, but we have modified
    13          that definition to death on the same admission as
    14          surgery within the base hospital in which the surgery
    15          was carried out, for the reasons that were outlined when
    16          the HES data was being discussed.
    17                Clearly, that is easily validated.
    18                I think our major weakness is that there is
    19          under-reporting of deaths.  To give an example of how
    20          that might happen, it is quite possible for somebody to
    21          come in for an emergency operation at 5 o'clock on
    22          Sunday evening, be admitted, taken to an operating
    23          theatre, sadly dies, and be taken to the mortuary so
    24          that by Monday morning there is very little trace left
    25          of the admission or the operation.  The outcome for that
0103
     1          particular individual, if the data is looked at
     2          retrospectively later, may be difficult to track.
     3                So I think over the years there has been
     4          under-reporting of deaths.
     5      Q.  Just pausing there, will there not be a surgeon's log
     6          and theatre log for that emergency admission?
     7      A.  There will certainly be a theatre log.  I remain unclear
     8          as to what you mean by a "surgeon's log"?
     9      Q.  The surgeon's log is a log the surgeons may keep of
    10          operations they do.  I do not know if that is a regular
    11          practice amongst all surgeons.  Certainly we know that
    12          the two surgeons who did most of the operations on
    13          paediatric cases here in Bristol, at the time we are
    14          concerned with, both kept logs of their own.
    15                Is that a common feature?
    16      A.  I think it varies from unit to unit.  I think those
    17          units that have advance data collection systems simply
    18          have a comprehensive database and if the surgeon wants
    19          to know what he has done now, he does a search for
    20          operations against his name.  So he would not keep
    21          a specific separate log.
    22      Q.  The example you were giving -- I stopped you in
    23          mid-flow -- saying is it really the case that the death
    24          would go missing because it is really there in the
    25          theatre log, at any rate.
0104
     1      A.  That is true provided somebody has written the outcome
     2          in the theatre book, which is not always the case, or if
     3          a patient goes briefly to the intensive care unit, the
     4          death may not be easily tracked by a member of staff
     5          going back six months later.
     6      Q.  So the patient is tracked, the operation is tracked,
     7          but not the outcome?
     8      A.  Indeed.
     9      Q.  And is what you are describing something which varies
    10          as between one unit and another?
    11      A.  I think it is.  I think, with the passage of time, the
    12          ability to track deaths and to have accurate mortality
    13          data has increased exponentially, so that most units now
    14          have very good and accurate data of their own
    15          performance.
    16      MR LANGSTAFF:  Dr Spiegelhalter, how does one approach the
    17          problem that there may be over identifying mortality for
    18          the purposes of a register such as this?
    19      A.  With some difficulty.  We will have information from
    20          some other sources: we will know exactly what happened
    21          in Bristol, but the problem is that different centres
    22          have different policies.  If some have consistently
    23          under-reported, then it is going to be very difficult to
    24          identify what they did compared with other centres who
    25          might produce very accurate figures.  If there was
0105
     1          consistent under-reporting, the data would be biased but
     2          one would still perhaps get a reasonable idea of the
     3          underlying variability between centres.
     4      DR SPIEGELHALTER:  A question I would quite like to ask, if
     5          I could: whether there is any feeling in the trade
     6          whether some centres were perhaps more reliable or
     7          unreliable than others, without any names being
     8          mentioned.  It would be good to get the impression of
     9          what was felt at the time, over this period.
    10      A.  I have never heard any allusion to the fact that one
    11          unit is worse than another at reporting their
    12          mortality.  I think where there is an error it is small
    13          and it is constant.
    14      DR SPIEGELHALTER:  Can I ask some others?
    15      MR LANGSTAFF:  Please do.
    16      DR SPIEGELHALTER:  As a point of clarification, on the
    17          definition of deaths, what was it over the period that
    18          we are considering?  Late 1980s to mid-1990s.
    19      A.  It was 30-day mortality.  I think there is an issue
    20          there, because I think some units assiduously tried to
    21          track patients after 30 days and I think others found it
    22          more difficult.
    23      DR SPIEGELHALTER:  One of the other questions is whether,
    24          when this data was received and sent off for
    25          aggregation, did anyone look at the variability between
0106
     1          the centres?  Did anyone, even anonymously, look at what
     2          was reported?
     3      A.  No, I do not think so, David.  In order to get the
     4          Cardiac Surgical Register established, some very
     5          stringent reassurances were made relating to anonymity
     6          of the data.  You have to bear in mind that in 1977, to
     7          start collecting mortality data on a surgical procedure
     8          was way ahead of its time.  That was 1977.  We have not
     9          seen it in any other surgical specialty, if you like,
    10          until the recent release of outcome data in the last few
    11          weeks.  Do not under-estimate the diplomacy that was
    12          required to attract this data.  I think it is a great
    13          tribute to Sir Terence English that he was able to
    14          establish it.
    15                As part of that, reassurances had to be given that
    16          units would not be identified.  There are advantages and
    17          disadvantages to that.  Clearly, the main advantages, if
    18          you are not going to be identified, you have no interest
    19          in "gaming" the system or falsifying results; you are
    20          really simply interested in submitting the results as
    21          they are.
    22                The pro forma for the Cardiac Surgical Register
    23          was filled in by a nominated individual in each unit.
    24          That was then passed on to the Secretary of the Society,
    25          who tore off the cover page which contained the name of
0107
     1          the unit and allocated a number to that form and sent
     2          the form on to a third part, who simply aggregated the
     3          data.
     4                Given the nature of the way that the forms were
     5          returned, some coming in in advance of the deadline,
     6          some coming in a few weeks after the deadline, the
     7          arrival of these forms was really spread over several
     8          weeks, or even months.
     9                So given that the Secretary of the Society
    10          received the forms, did not actually keep a written
    11          record of the results, it would be quite difficult for
    12          him to notice variations.  On occasions, when there were
    13          obviously strange results, the forms were returned to be
    14          checked.
    15      DR SPIEGELHALTER:  When the results were presented annually
    16          at the Society meetings, what was the professional view
    17          of the register and its value, and did people actually
    18          then go back and compare their unit's return with the
    19          national aggregated totals?  Was that the feeling that
    20          that is what people did --
    21      MR LANGSTAFF:  Can I ask you just to move the microphone
    22          a little bit away from you?  You are doing what a pop
    23          star might do and cuddling up close to it.  You do not
    24          have to, with that microphone.
    25      A.  I am sorry.  Where were we?
0108
     1      DR SPIEGELHALTER:  What did people think about it?  Did they
     2          compare their results with?
     3      A.  I think they did.  Perhaps I can answer that question in
     4          two parts.  Firstly, people found the aggregated
     5          information interesting, in particular because it showed
     6          a steady annual growth rate in the number of coronary
     7          artery bypass procedures conducted throughout the United
     8          Kingdom and that had implications for resources and the
     9          development of the specialty.
    10                Furthermore, it showed a steadily declining
    11          operative mortality for some procedures which tended on
    12          the whole over the years to level out and people found
    13          that interesting.  But there was a desire to be cautious
    14          in the way that the data was interpreted, in the
    15          knowledge that there was no validation in particular of
    16          the mortality and in the knowledge that some procedures
    17          were conducted in such small numbers that the mortality
    18          information might not be that easy to interpret.
    19                What I am trying to paint there is a picture of
    20          people being very interested in the global data.
    21                With respect to whether they went back and
    22          compared their own results, that was an intention that
    23          people would look at the cardiac surgical register,
    24          would see how their own performance compared in terms of
    25          mortality with the country at large.
0109
     1                One particular difficulty with that was that
     2          processing and aggregating the data took some time.
     3          Quite often the register was being circulated almost
     4          a year later, so in a sense it was almost out of date at
     5          the time that it came and it would arrive on people's
     6          desks, they would look at it and say "That is fine, that
     7          was last year's data" and they were already comparing
     8          next year's.
     9                To get around that, what we have done over the
    10          last couple of years is that we have actually sent back
    11          a copy of the aggregated data along with the individual
    12          unit's data in a separate column, which brings the
    13          individual's attention to their own unit's performance
    14          in relation to the rest of the country.  Simply by
    15          having the data in two columns, it draws the eye in that
    16          direction.
    17      DR SPIEGELHALTER:  Do you want me to carry on?
    18      MR LANGSTAFF:  Yes, please.
    19      DR SPIEGELHALTER:  I realise you are not a paediatric
    20          surgeon so I am not sure about answering this.
    21          I suppose -- I am certainly not an expert in this area,
    22          but I know what problems can come about in comparing
    23          this, or the codes to use and the particular
    24          classification that is used in reporting paediatric
    25          results, that people are going to want to compare those
0110
     1          with the classifications used in HES and with the coding
     2          that is currently being done in the Bristol records.
     3                The coding scheme stayed constant over that
     4          period, I believe.  You have given some information --
     5      A.  Broadly speaking, I think that is true.  There have been
     6          some minor changes to the register which I have
     7          documented, but it is fair to say that on the whole it
     8          has remained the same.
     9      Q.  Do you have any opinion about the reliability of how
    10          that has been coded and the possibility of mapping it on
    11          to other coding systems?
    12      A.  I do not feel qualified to answer that question, but
    13          perhaps I could make one point.  Whereas the adult
    14          section of the Cardiac Surgical Register is very
    15          procedure orientated, the paediatric section tends to be
    16          more diagnostically orientated, so people fill in the
    17          operations that they have done according to a diagnosis
    18          which then makes it more difficult to tell what
    19          operation they have done to treat that particular
    20          diagnosis.  Some people feel that is a weakness of the
    21          register; others feel that it is a strength of the
    22          paediatric register that it is diagnostically
    23          orientated, and that debate continues.
    24      Q.  So, for example, for transposition of the great
    25          arteries, it is going to be impossible to identify the
0111
     1          switch operation specifically, for example?
     2      A.  That is exactly what I was alluding to.
     3      MR LANGSTAFF:  If we look at WIT 163/4, we have there
     4          the changes.  You flicked through your statement to see
     5          where it was.  This is the page.  If we just scroll down
     6          the page a bit so we have the table in the middle, there
     7          are very few changes, I think until 1989, which might
     8          affect any congenital case.  I am not sure, perhaps you
     9          can tell us: does "congenital valve" at the bottom
    10          relate to paediatric cardiac surgery?
    11      A.  Yes, it does.
    12      Q.  So one sees "RVOT", for instance, added.  Obviously
    13          again it is a diagnosis rather than an operation.  But
    14          one question just following on from that which
    15          Dr Spiegelhalter was asking: the origin of the
    16          information was actually from the surgeons themselves?
    17      A.  Yes.
    18      Q.  Even though they may not have physically compiled the
    19          return, they were the people supplying the information,
    20          one way or another?
    21      A.  Yes.
    22      Q.  So there are not very many cardiac surgeons in the
    23          country, are there?
    24      A.  No: just over 170.
    25      Q.  Would most of them tend to identify, looking at the
0112
     1          paediatric cases, the same "condition", if I can call it
     2          that, by using the same label?
     3      A.  Not always.  I will cover my next comment with the
     4          caveat that I am not a paediatric cardiac surgeon, but
     5          congenital heart disease is a spectrum; it is not always
     6          easy to assign a given congenital defect into
     7          a pigeonhole, it may bridge two pigeonholes or there may
     8          be more than one diagnosis, more than one defect of the
     9          heart.  Then a surgeon has to choose which of those is
    10          the primary defect or the most important defect.
    11          A combination of these two factors can lead to
    12          considerable confusion in the classification of the
    13          congenital heart defect.
    14      Q.  What Dr Spiegelhalter was asking, he was talking about
    15          the coding.  In essence, as I understand the register,
    16          tell me if I am wrong, it is not so much a code as
    17          a description of the condition?
    18      A.  You are absolutely correct.
    19      Q.  So one would have to relate the description of the
    20          condition, whatever it may imply in terms of operative
    21          procedure, into the codes we were talking about this
    22          morning, the OPCS procedure codes, in order to have
    23          a comparability of one data source with the other?
    24      A.  Absolutely right, and they do not easily marry.
    25      DR SPIEGELHALTER:  Ultimately the operations are
0113
     1          broken down into whether they are palliative or
     2          defensive operations?
     3      A.  Indeed.
     4      DR SPIEGELHALTER:  Which again might not make it
     5          easy to make a direct comparison with the coding in
     6          other databases.
     7      MR LANGSTAFF:  In general terms, would a palliative
     8          operation be a closed heart operation?
     9      A.  In general terms, yes.
    10      Q.  So in general, the distinction between closed and open
    11          would be between a palliative operation on the one hand
    12          and one performed with bypass on the other?
    13      A.  I think that would a very general --
    14      Q.  That is too general?
    15      A.  I think a little too general.
    16      Q.  Qualify it for us.
    17      A.  If one were to insert a shunt or additional tube between
    18          two vessels in the heart without coronary bypass, then
    19          that is a palliative procedure, but there are some
    20          palliative procedures which attempt to correct a heart
    21          defect but do not do so completely.
    22                I think, although I say your description is
    23          general, there is some veracity in it.
    24      Q.  So sufficiently close to the mark for the purposes of
    25          at least approaching the data?
0114
     1      A.  Yes.
     2      Q.  So far as the accumulation of data centrally is
     3          concerned, there would be a limited number of operations
     4          at the paediatric level.  We know there were not that
     5          many cases per year because we have seen what has been
     6          said about it at the Department of Health level.
     7                So if a particular condition was not recorded as
     8          being under one head, it would of course be recorded
     9          under another?
    10      A.  Yes.
    11      Q.  Would one be able to detect from looking at the returns
    12          what the approach of the clinician responsible for the
    13          recording was in terms of whether he put a particular
    14          condition under a particular head or not, or is that
    15          just something one has to recognise as a variable?
    16      A.  I think you have to recognise that as a variable.  I do
    17          not think it would be easy to dissect that out.
    18      Q.  To what extent does that give us problems in either
    19          using this data or in using it for comparative
    20          purposes?
    21      DR SPIEGELHALTER:  I think the way in which the
    22          centres have differed in the way they have handled the
    23          data is going to create problems with comparisons, and
    24          again, if there is a sort of systematic bias across all
    25          centres, it is not so essential if one is only trying to
0115
     1          use this as a screening tool to identify potential
     2          outliers.
     3                So that is where it is quite important to try to
     4          understand about how different centres have approached
     5          the register and, for example, one of the things that it
     6          would be interesting to know, although it is quite
     7          difficult to answer, is whether the different centres'
     8          approaches to perhaps the effort used in making the
     9          returns, the seniority and the enthusiasm of the people
    10          used in making returns, whether there is a feeling that
    11          that varied between centres or whether reasonable effort
    12          was made by everybody.
    13      A.  I think it has varied between centres.  I think at the
    14          one extreme consultants themselves have taken a very
    15          vigorous interest and filled in the forms themselves,
    16          and checked the data.  At the other end of the spectrum,
    17          this work has been delegated, sometimes to disinterested
    18          members of junior surgical staff.
    19                Having made that statement, I can assure you that
    20          over the last few years the shift has been towards the
    21          consultant end of the spectrum.  I think consultants in
    22          our specialty are now recognising with greater clarity
    23          the importance of accurate data collection, not only for
    24          their own personal use, but also for the specialty as
    25          a whole.  So they are taking, I think, much greater care
0116
     1          over the quality of the data that is submitted to the
     2          register.
     3      THE CHAIRMAN:  May I interject just a moment, just for
     4          my own clarification?  Mr Keogh, you said that this task
     5          was delegated sometimes to "disinterested" members of
     6          the junior surgical staff.  Did you mean "uninterested"?
     7      A.  I meant uninterested.
     8      THE CHAIRMAN:  Thank you.
     9      DR SPIEGELHALTER:  Over the period that we are talking
    10          about, would there be some marker, some way of knowing
    11          from the return who was responsible for its completion
    12          and therefore --
    13      A.  No.
    14      DR SPIEGELHALTER:  There is no indication at all in
    15          the return as to ...
    16      A.  None whatsoever.
    17      MR LANGSTAFF:  Can I put a human problem to you?  The
    18          purpose of the data, part of it, you told us, was for
    19          surgeons to go along to the annual presentation or to
    20          get the data and say, "Look, I know what I have done;
    21          this is how it compares to what they have done".  In
    22          order for him to do that, he would have to have some
    23          feeling that he could rely upon the information as to
    24          what they had done, would he not?
    25      A.  Yes.
0117
     1      Q.  If he knew what he had done was to say to his junior,
     2          Bloggins, who had no interest at all, "Just shove down
     3          any data you like" -- I am being deliberately
     4          provocative here -- he would have no faith in the
     5          information he was using because he would know from his
     6          own experience it was worthless.
     7                The conclusion of this human scenario is to ask
     8          you whether it might perhaps have been the case that if
     9          people did contribute to the register, they thought it
    10          worthwhile and were probably, by and large, going to
    11          treat it in a manner which more or less accurately
    12          recorded what they were doing?
    13      A.  I think that is right.
    14      MR LANGSTAFF:  I do not know whether you want to come in
    15          on that and whether my human scenario has any validity.
    16      DR SPIEGELHALTER:  It would have validity if perhaps
    17          the person did not care about how that performance
    18          compared with the rest of the country.
    19      Q.  But here one has a fairly small specialty interested in
    20          how it is doing and how individuals within it are doing
    21          by comparison with others, so they have to have a degree
    22          of faith, one in the other, do they not?
    23      A.  Yes, they do.
    24      Q.  Because it is a small specialty, would I be right in
    25          thinking that there is a degree of word-of-mouth
0118
     1          reputation that goes around as to what is happening
     2          elsewhere in other centres doing this particular work?
     3      A.  That is absolutely correct, yes.
     4      Q.  So it is only going to be fuelled in part by figures
     5          such as this; it will also be fuelled by contact at
     6          conferences and so on?
     7      A.  Yes.
     8      Q.  Does it follow from the need of one individual to
     9          place himself against others that there was any need for
    10          some degree of self-audit, checking that the surgeons
    11          themselves had got it right in their contributions to
    12          the register?
    13      A.  I am sorry, do I understand your question correctly that
    14          you are alluding to some form of validation of the
    15          data?
    16      Q.  Local validation.
    17      A.  Yes, that varied from unit to unit.  Some units take
    18          a more vigorous attitude towards validation of the data
    19          than others, but on the whole, I think every unit
    20          believes that the data they submit is accurate.
    21      Q.  That belief, you have told us, may be based on a variety
    22          of circumstances.  I am asking you to think back here,
    23          really, to 1984 at the start.  It may be that things
    24          have changed between then and 1995.
    25                The belief would have to be based on something,
0119
     1          would it not?  What would that "something" be: faith in
     2          one's colleagues, something more than faith in one's
     3          colleagues, or again -- I appreciate it may vary from
     4          unit to unit, but can you give us some feel for what the
     5          general position was?
     6      A.  I cannot actually take it back to 1984.  As I understand
     7          it, there was a desire for this initiative to work and
     8          it was a very strong desire.  There was a recognition
     9          that this was the first attempt by any specialty in the
    10          United Kingdom to look seriously at activity and
    11          outcome, and there was a great pride in that, and there
    12          still is.
    13                I think the driving force was really the pride in
    14          one's specialty.  A small specialty which was growing,
    15          which was introspective to some extent, looked at its
    16          own results and that distinguished this growing
    17          specialty from pretty well any other specialty in the
    18          UK.  So that was the driving force, as I understand it.
    19      Q.  That driving force would tend, if anything, experience
    20          might suggest, to ensure accuracy rather than the
    21          opposite?
    22      A.  Yes.
    23      Q.  Would it also tend to produce a feeling centrally that
    24          individual surgeons were not necessarily satisfied with
    25          the data because it could be improved?
0120
     1      A.  I think there is always that feeling, that the data can
     2          be improved, the methods of data collection and
     3          validation can be improved and the groups used to
     4          collect the data can be improved.  We have probably got
     5          that right in adult cardiac surgery, but the debate
     6          continues in paediatric cardiac surgery because of the
     7          difficulties I have alluded to.  So there is a continual
     8          striving to include the data.  And along those lines,
     9          one of the other weaknesses of the data has been the
    10          inability to correct for case mix, and you will see that
    11          we have produced another document this year which
    12          I believe you have, which is a 70 page document, which
    13          examines the cardiac surgical register, alludes to its
    14          shortcomings and indicates how we have attempted to
    15          correct it by collecting very comprehensive
    16          patient-orientated data from approximately 70 per cent
    17          of adult cardiac surgical units in the United Kingdom.
    18                This really is the beginning of Stage 1.  We
    19          envisage that over the course of the next few years we
    20          will have extremely comprehensive data which will enable
    21          risk stratification of patients in a reliable fashion.
    22          We already have a risk model which we think is better
    23          than anywhere else in the world.  It will allow us to
    24          look at aspects of resource consumption within the
    25          specialty and it will facilitate individual,
0121
     1          institutional and international comparisons of
     2          performance.
     3      MR LANGSTAFF:  On that upbeat note, shall we take
     4          a break?  It will be the last break before our final
     5          session of the afternoon, which I think, sir, you might
     6          wish to begin at, say, 2.30?
     7      THE CHAIRMAN:  Yes, thank you, Mr Langstaff.  2.30 it is.
     8      (2.18 pm)
     9                             (A short break)
    10      (2.35 pm)
    11      MR LANGSTAFF:  Sir, just before we restart the final
    12          session: Dr Spiegelhalter, during the last session you
    13          said when you were talking about the data codes,
    14          I think, that you were not an expert in this area.
    15                What was "this area" in which you were not an
    16          expert?
    17      DR SPIEGELHALTER:  By that I meant in coding
    18          classifications for this area.
    19      MR LANGSTAFF:  That is what I thought you meant.
    20          I am asking you simply so that no-one gets a misleading
    21          impression from reading the transcript.
    22                We were looking at the question of the quality of
    23          the data and what one might use it for.  We had I think
    24          established that there might be variability as between
    25          centres, but that in general, those who contributed the
0122
     1          data had an interest in providing the data and getting
     2          feedback from it.  Was the feedback to be used for
     3          a benchmark purpose in part?
     4      A.  I think in part, although I would not want to overstate
     5          the value of the data for that.
     6      Q.  We have on the screen, really, something which
     7          demonstrates that there was, so far as paediatric
     8          cardiac surgery is concerned, very little difference in
     9          content throughout the period -- a little change in
    10          1989.  I describe it as "a little change"; is that
    11          appropriate?
    12      A.  I think it is a very little change.
    13      Q.  So in essence, one can compare 1984 with 1985, 1986
    14          and 1994/95?
    15      A.  Yes.
    16      Q.  The question of adjustment for case mix we were
    17          beginning to talk about, and you say there is no
    18          adjustment for case mix, or was not then; that you can
    19          do it with adults but you cannot do it with children?
    20      A.  Yes.
    21      Q.  Can I bring you into this, Dr Spiegelhalter, whether
    22          you want to ask any questions arising and around that of
    23          Mr Keogh?  Does it give us a particular problem?
    24      DR SPIEGELHALTER:  Yes, it does, because in a sense, any
    25          comparison between institutional performance should take
0123
     1          into account the type of patients that they are looking
     2          after.  As Mr Keogh has said, in adult cardiac surgery
     3          there are statistical algorithms being developed to
     4          provide that sort of risk stratification.  So one
     5          attempts to compare like with like when you are
     6          comparing institutions.
     7                In paediatric cardiac surgery, there has been some
     8          attempt at that in the literature.  There are some
     9          published risk adjustment procedures, for example for
    10          switch operations, but they are not really validated
    11          outside their centre of development, and there is such
    12          a wide range of paediatric cardiac surgery, it covers
    13          such a wide range and generally in fairly low numbers,
    14          that it is difficult to think that a risk stratification
    15          procedure of the type that one sees in adult cardiac
    16          surgery is feasible at the present time, even with good
    17          data available.  It would be very difficult.
    18      MR LANGSTAFF:  So we have to accept there is a problem
    19          with the data.  Does that mean to say we cannot use it?
    20      DR SPIEGELHALTER:  Not at all.  Broadly by classifying
    21          operations into types and in classifying them by
    22          severity, you are doing to some extent a risk
    23          stratification already and within operative categories,
    24          one could provide some basic risk stratification into
    25          perhaps high risk and low risk cases.  That can
0124
     1          certainly be done in the Bristol data.  The problem is
     2          that that will not be feasible to be done
     3          retrospectively on data from other centres, so
     4          essentially, as we discussed earlier, one is left with
     5          this exploratory screening procedure which is really
     6          using the data as is to throw up possible hypotheses,
     7          possible outlying centres to be examined more closely.
     8      MR LANGSTAFF:  You refer in your statement to the danger
     9          of overinterpreting the data, which does not mean to say
    10          one cannot interpret it, but warns against going too
    11          far.
    12                What in particular did you have in mind when you
    13          were talking about the dangers of overinterpretation?
    14      A.  I think my main concern is in performing comparative
    15          analyses on procedures which are performed in small
    16          numbers, where the denominator is therefore very small
    17          and the confidence limits of the outcome may be very
    18          large.  That would refer in particular to some of the
    19          area of paediatric procedures.
    20      Q.  How far does one get over that by aggregating one year
    21          with the other?
    22      DR SPIEGELHALTER:  It is a natural first thing to do,
    23          although there must be a limit as to how much you do
    24          that because particularly in paediatric surgery the
    25          success rates have been changing over time, so era is an
0125
     1          important factor.
     2      MR LANGSTAFF:  And procedures change?
     3      DR SPIEGELHALTER:  And procedures change as well, but we do
     4          not know on this register, because it is diagnosis
     5          based, what procedures were done specifically for these
     6          conditions.  One will aggregate over years; one will
     7          not -- it would not be reasonable to look at individual
     8          years' data.  Completely off the top of my head, I think
     9          one could look at two five-year bands over this period
    10          and compare between those.
    11                Even doing that, in some of the procedures the
    12          denominator would still not be large.  So that exactly
    13          points to the sort of caution that would be necessary in
    14          a statistical analysis.  Even assuming the data were
    15          completely perfect, it would be quite inappropriate to
    16          label a centre as being an outlier just because they
    17          happen to rank bottom out of the perhaps nine centres
    18          carrying out these operations.
    19      MR LANGSTAFF:  To see if I have understood the point
    20          properly, in lay terms, if one let us suppose had
    21          a death rate of 2 per cent, so there were 2 in every 100
    22          operations, it may be easy enough to see if you have
    23          a series with 100 operations, but if in one centre you
    24          have 2 and one of those 2 operations is unfortunate
    25          enough to be one of the 2 per cent, then it would show
0126
     1          on the figures as a 50 per cent risk, yet actually, if
     2          one did the next 99 operations, it would be no worse and
     3          no better than anywhere else; it is purely a function of
     4          numbers?
     5      DR SPIEGELHALTER:  Exactly.  There is quite a lot of
     6          techniques for trying to get around that, which I will
     7          not go into at the moment.
     8      Q.  But techniques that may be useful to us?
     9      A.  I think so, yes.
    10      Q.  So the numbers are not so small as to deprive the
    11          analyst of any useful function?
    12      A.  Aggregated over a suitable number of years, there will
    13          be sufficient cases.
    14      Q.  How did the surgeons themselves utilise the data for
    15          seeing whether their performance was or was not in
    16          step?
    17      A.  I think with the more common procedures, they simply
    18          look at a year's data.  If someone is performing
    19          a procedure infrequently, then as a rule, other surgeons
    20          will be performing it infrequently, and if you want to
    21          see how you are performing, you have to accept that you
    22          need to aggregate data over a number of years to see if
    23          you get a meaningful number of patients, both your own
    24          data and the national data, to get a feel for where you
    25          lie in it.
0127
     1      Q.  So you have to approach it as a surgeon having an
     2          interest in exploring whether you are doing your best
     3          reasonably for patients, but accepting it may take time
     4          to tell?
     5      A.  Absolutely right.
     6      Q.  In the less common procedures?
     7      A.  Yes.
     8      Q.  Thus far, I think we have dealt with a number of the
     9          problems of the register in terms of the way it can help
    10          us.  What about the advantages?  We have, have we,
    11          a tool actually used for the purpose of benchmarking by
    12          surgeons; we have input from those who are interested in
    13          using it in part for that purpose?  Honest attempts and
    14          concern to get it right, even though there may have been
    15          variability in approach, they are are all strengths, are
    16          they?
    17      A.  I think they are strengths.  You will see that I have
    18          indicated in my statement on page 1 of Appendix A that
    19          the register had three basic uses: firstly, it provided
    20          members of the Society with a feel for the growth of
    21          a specialty, and that remains true.  Secondly, it
    22          provided aggregated activity and mortality data which
    23          gives a feel for whether you are performing a similar
    24          spectrum for procedures as other units in the country.
    25          It also facilitates analysis of surgical intervention
0128
     1          rate by category for the population, because over the
     2          years we have also had occasional reports on the number
     3          of procedures performed per million of population.
     4                The benchmarking activity is something which has
     5          really come to the fore over recent years and I do not
     6          think was a primary design for the register, but it is
     7          of growing importance.  We have expanded the register
     8          recently to take this into account in that we now look
     9          very specifically at activity and mortality data for
    10          certain marker operations, for isolated first-time
    11          coronary surgery in adult cardiac surgery, and then for
    12          a variety of paediatric procedures.
    13      Q.  One of the features of the register is the anonymity
    14          which is provided to units under the agreement which, as
    15          you have described, made it impossible with the
    16          diplomacy which led to its origin.  That has not
    17          prevented the individual surgeon or unit knowing what
    18          their own data were for the purposes of seeing how it
    19          compared with the national trend or the national data.
    20                Would one suspect that for a number of years from
    21          1984 to 1995, in most units performing the work, there
    22          are still likely to be records of their returns to the
    23          register?
    24      A.  In all honesty, I suspect not.  Some will clearly have
    25          kept records, but those records will probably be in the
0129
     1          filing cabinet of the person responsible for submitting
     2          the records.
     3      Q.  So if one were able to identify in respect of a given
     4          unit the person responsible, one might be able to find
     5          out whether he or she had kept the returns?
     6      A.  Yes.
     7      Q.  Am I right in thinking that the returns are not kept
     8          centrally?
     9      A.  No, they are not.  What has happened in the past is
    10          that the forms have been completed, they have been
    11          passed on to the third party that aggregates the data.
    12          It transpired when the Inquiry asked for the original
    13          data --
    14      Q.  Is that Mr Bailey?
    15      A.  Yes, it transpired he had kept all the returns and that
    16          is how we were able to help the Inquiry by passing those
    17          on.  But those are the only records which we have.
    18      DR SPIEGELHALTER:  I would just like to make the point that
    19          I see one of the great strengths of this data is that in
    20          comparison, say, with the HES data for which there is
    21          rather a tenuous link between the surgeon and the data
    22          that is actually going to be analysed, which goes
    23          through the record, through a coder into an
    24          administrative system and is then derived from
    25          a complicated analysis in order to get actual figures;
0130
     1          whereas in a sense this data is owned by the surgeons
     2          themselves and there is an absolute direct accountable
     3          link in the data entered by them in the return and that
     4          which is going to be analysed.  It is a complete
     5          short-cut as opposed to the extremely circuitous route
     6          the HES data has taken.  These now, it looks as if they
     7          have both been analysed and compared, which will be an
     8          interesting exercise.
     9                Given, as you have said, that it was certainly
    10          never the intention that such an analysis would take
    11          place for this data, are you interested in what perhaps
    12          the people who provided the data over that period will
    13          feel, not about the fact that this is not what they
    14          intended but about what they might feel about the
    15          results of such an analysis?  It might be useful to
    16          discuss that now rather than after the analysis to see
    17          what you think: what confidence do you think your
    18          colleagues might have?
    19      A.  I am sorry, Dr Spiegelhalter, what sort of analysis?
    20      DR SPIEGELHALTER:  I am thinking of analysis in which,
    21          for example, disease categories were pooled over five
    22          years and the variability between centres in terms of
    23          their mortality rates was explicitly calculated.  Not to
    24          do with anonymity, this is not an issue of breaking
    25          anonymity, it is an issue of whether they actually
0131
     1          believe the results that came out in such an analysis.
     2      A.  I think the majority of people would believe the results
     3          that came out of such an analysis, but I think it would
     4          have to be seen within the context of how individual
     5          surgeons perceived the validity of the data within the
     6          register as a whole.  For those that might perceive it
     7          as being a little shaky, then clearly they are going to
     8          place little credence on the results of any analysis.
     9                But those who believe that on the whole the
    10          register data is solid, I believe that they will have
    11          faith in that analysis and they will be interested in
    12          the results.
    13      DR SPIEGELHALTER:  There was never any call to carry
    14          out such an analysis?  Nobody had suggested doing it
    15          before?
    16      A.  With respect to HES data, or just --
    17      DR SPIEGELHALTER:  No, with respect to the Cardiac
    18          Register.
    19      A.  No, as part of the anonymity, that would have been
    20          deemed to be meddlesome.  You see, there is still some
    21          concern within our specialty that this sort of data can
    22          be misinterpreted, often in a well-meaning way, but in
    23          a way that can cause local difficulties.  Surgeons do
    24          get suspended within our specialty for a variety of
    25          reasons which are frequently unfounded and this creates
0132
     1          at times a very unhappy environment.  People are very
     2          keen to avoid any unnecessary difficulties of this
     3          nature and I think there are those that would be fearful
     4          of this sort of analysis in the past.  I think times are
     5          changing.  I think we recognise now that
     6          inter-institutional comparisons, and indeed,
     7          inter-surgeon comparisons, are becoming the norm.  That
     8          is one of the great stimuluses for ensuring that the
     9          data is accurate, clean and valid, but I think a clarity
    10          of understanding of that is still growing and
    11          over-analysis of old data may not be received very
    12          well.
    13                There are already some concerns that data which
    14          was given in good faith in an anonymous fashion has been
    15          passed on to this Inquiry and there are already units
    16          that have indicated that because that data was not
    17          validated and then, therefore, may give rise to
    18          erroneous results following analysis that they no longer
    19          feel keen to submit data to the Cardiac Surgical
    20          Register.  So mishandling this data could threaten the
    21          very existence of something which our specialty has been
    22          proud of for the last 30 years.  This is a unique
    23          register; it does not exist anywhere else in the world.
    24          It has been done by the goodwill of surgeons in this
    25          country, and I would be very fearful that any
0133
     1          over-analysis of retrospective data which was handed in
     2          in good faith could compromise the future of what is,
     3          quite frankly, the most reliable source of cardiac
     4          surgical information in the United Kingdom.
     5      MR LANGSTAFF:  I am just going to pick up on those
     6          last few words, "the most reliable source" in the United
     7          Kingdom of information on cardiac surgery, is the way
     8          you put it?
     9      A.  Yes.
    10      Q.  So plainly your view is one of the majority which you
    11          are describing as to the accuracy, the reliability one
    12          can place on the register?
    13      A.  Yes.
    14      Q.  How long have you personally been involved with the
    15          register and its administration?
    16      A.  Since 1994.
    17      Q.  And throughout that time, have you had cause yourself to
    18          doubt your conviction, your own conviction, as to the
    19          general reliability of the register, or not?
    20      A.  I think it is incumbent upon me to doubt the
    21          reliability, otherwise I would not be doing my job
    22          properly.  I have less reason to doubt the activity
    23          data, but I do sometimes feel that operative mortalities
    24          that are reported may be a bit low.
    25                We have looked at operative mortality for valve
0134
     1          surgery compared between the cardiac surgical register
     2          in the United Kingdom heart valve registry, and broadly
     3          speaking the mortalities are very much the same and the
     4          activity data is very similar.  Given the source of
     5          information for both of these two registers is
     6          different, I find that very encouraging.
     7                I think most surgeons in the country also believe
     8          that the activity data is good.
     9                With the advent of specialised medical databases
    10          which allow us to collect a large number of data points
    11          on patients undergoing cardiac surgery, it has become
    12          clear, again, using these more advanced systems, that
    13          the sort of numbers that we are acquiring indicate that
    14          the register data is more accurate, perhaps, than I had
    15          thought.  That is outlined in the document I alluded to
    16          before the break.
    17                We feel that the current NHS information
    18          technology is not sophisticated enough to deal with the
    19          sort of analyses that we require and that is underlined
    20          by the fact that of the 35 adult cardiac surgical units
    21          in the country, 33 have bespoke databases for running
    22          their own standalone systems that are not part of the,
    23          if you like, corporate IT structure, and the remaining
    24          two units are in the process of purchasing their own
    25          systems.
0135
     1                The reason for that is that in order for us to
     2          fulfil the requirements and the expectations of our own
     3          patients, of ourselves, of the media and also of the new
     4          political agenda that is outlined in a first-class
     5          service, we have to be able to look at our performance
     6          with respect to case mix and risk stratification.  That
     7          has been clearly outlined by the Ministry of Health.
     8                To do that, we cannot use the existing NHS IT
     9          systems, we have to use something different.  Units are
    10          heading in that direction now and I would anticipate
    11          that within 18 months, approaching 90 per cent of adult
    12          cardiac surgical units in the country will be collecting
    13          very accurate data.
    14                Collecting data is not just an issue of entering
    15          a few data points each time you do an operation; the
    16          data has to be collated and this has implications for
    17          personnel within the units.  Most units now employ
    18          professionals who collect and help enter the data and
    19          chase up those very patients who might go missing that
    20          we mentioned before the break so I believe that not only
    21          is the quantity of data improving dramatically, but the
    22          quality of data is improving out of all recognition,
    23          really.  I would imagine that we will be able to abolish
    24          the cardiac surgical register within five years and have
    25          it replaced by a national database of certainly adult
0136
     1          cardiac surgical patients undergoing cardiac surgery and
     2          that will be a very comprehensive database.
     3      Q.  Looking to the future for a moment, would you be looking
     4          for that to be, as it were, a mandatory system financed
     5          by the NHS or publicly in some way, as opposed to the
     6          voluntary system which has depended for its success upon
     7          the co-operation and goodwill of cardiac professionals?
     8      A.  I would.  I would rather those questions had been in
     9          a different order in that I think the key issue is the
    10          funding.  This costs money both at a local level and at
    11          a central level, for the merging of the data and the
    12          production of a report.  It is perhaps not as expensive
    13          as people imagine and our current report was done for
    14          about œ40,000.  That represents 70 per cent of units
    15          within the United Kingdom.
    16                I do not think the cost would go up enormously to
    17          make that 100 per cent, but we do need funding and
    18          I think some of the Trusts need to recognise their
    19          responsibility to funding the sort of data collection,
    20          given that the current NHS IT is not sophisticated
    21          enough to do it, the current corporate systems.
    22                With respect to making it mandatory, that is
    23          a slightly more tricky issue because I think there is
    24          still a pride in our specialty in the way that we are
    25          trying to move forward, and I believe that most units
0137
     1          would submit their data anyway.
     2                The main advantage of having it mandatory is that
     3          one could accelerate that process and it would be easier
     4          to chase up data that came in late.
     5                The converse side of making it mandatory is that
     6          it raises all sorts of issues about who owns and who
     7          polices the data.  I would think in the first instance
     8          it would be better to ensure that each unit and the
     9          Society were adequately resourced to enable us to
    10          collect data effectively and efficiently and accurately,
    11          rather than adopting necessarily an approach which might
    12          be seen as high-handed.  Although, at the end of day,
    13          I think mandatory collection is probably going to be the
    14          answer, but it would be nice to avoid that if at all
    15          possible.
    16      Q.  In exploring that, I was exploring something of the
    17          future, which is a concern, certainly for this Inquiry,
    18          particularly in part 2, or may be a particular concern
    19          in part 2, which, as you know, looks at recommendations
    20          for the future.
    21                Returning to the past, the three questions I posed
    22          this morning in respect of HES were the advantages, the
    23          disadvantages and what use the Inquiry might make of the
    24          database.
    25                We have dealt, I think, unless you wish to comment
0138
     1          further -- and please do -- with the advantages and
     2          disadvantages that there may be in using the
     3          Cardiothoracic Register, and we have more than touched
     4          on the use that the Inquiry might make of it.
     5                Dr Spiegelhalter, is there more you would wish to
     6          say on the last of those three, or for that matter, the
     7          first two, but particularly the last three?
     8      DR SPIEGELHALTER:  No, I do not think so.  I have already
     9          raised the issue that if an analysis goes ahead with all
    10          the caveats and with all the concerns, I suppose I would
    11          like to feel that it would be taken with some moderate
    12          degree of seriousness by the people that submitted the
    13          data.
    14      MR LANGSTAFF:  I think your answer was, "In general, yes,
    15          although there are some who have their reserve"?
    16      A.  Yes, I think it would be taken very seriously.
    17      Q.  From what you have heard in the course of the
    18          discussion, does it seem to you that the Inquiry are
    19          entitled to make use of the findings of the
    20          Cardiothoracic Register, bearing in mind its
    21          shortcomings, but also its advantages, in analysing the
    22          position between 1984 and 1995 so far as Bristol might
    23          be seen to compare with the UK as a whole?
    24      A.  I certainly think that using it to see how Bristol has
    25          compared with the UK as a whole is reasonable.  There
0139
     1          are still people within our specialty who would argue
     2          that that data was given in a confidential fashion and
     3          that that confidentiality should be respected.  I think
     4          the majority view is that this is a very important
     5          Inquiry; its findings are likely to have a profound
     6          influence on the future of our specialty and that those
     7          influences will almost certainly be beneficial to all
     8          concerned, to patients, to their families, and to
     9          surgeons who work within the NHS.
    10                So we recognise the importance of allowing use of
    11          that data.
    12      Q.  If one is to take the data, can I ask you both the same
    13          questions as I asked this morning in respect of HES: if
    14          one were to find that the results as demonstrated by the
    15          register were broadly comparable to that which one would
    16          derive from an analysis of HES, providing one could get
    17          them to speak the same language, as my description this
    18          morning, that could only tend to strengthen both as
    19          being reliable and useful data sources?
    20      DR SPIEGELHALTER:  I think given the two very different
    21          routes by which the information has been gathered, that
    22          if they corroborated, that would tend to reinforce them.
    23      A.  Yes, I think that sort of analysis would be comparable.
    24      MR LANGSTAFF:  But if they did not?
    25      A.  If they did not, the surgeons would believe the
0140
     1          register, without any shadow of a doubt.
     2      Q.  You have sat here listening to the discussion on HES
     3          this morning.  In a couple of sentences: why?
     4      A.  It is difficult to compact it into a couple of
     5          sentences --
     6      Q.  Well, a couple of paragraphs.
     7      A.  In essence, HES data is complicated by the fact that it
     8          is primarily focused on finished consultant episodes and
     9          even the logic required to bring those into patient
    10          spells is not perfect.  We know that the number of
    11          operations or procedures recorded, certainly on HES data
    12          which I have had anything to do with, indicate quite
    13          a significant difference from what surgeons think they
    14          have done.  For example, I have looked at the coding of
    15          my own work where there is a computerised operation note
    16          which makes coding of the procedure really very simple,
    17          and there is still about a 10 per cent error in terms of
    18          activity.
    19      MR LANGSTAFF:  Sir, those are the questions which I have to
    20          ask, unless either of you would wish to add anything?
    21      A.  I am sorry, I am referring now to adult cardiac
    22          surgery.  That difference, I think, has the potential of
    23          being magnified enormously with paediatric cardiac
    24          surgery, where the paediatric cardiac surgeons have
    25          enough difficulty in agreeing on a diagnosis, let alone
0141
     1          asking somebody in a coding room to code patients with
     2          a hierarchy of different complex congenital disorders
     3          and to get that right.
     4                So I think that is why surgically collected data
     5          is more likely to be trusted by the surgical community.
     6      MR LANGSTAFF:  Every witness who has come has been given the
     7          opportunity of saying something, if they wish, at the
     8          end, in case they had not been asked questions which
     9          they would have wished to answer.
    10                Is there anything you would wish to add yourself
    11          to what you have already said today?
    12      A.  I would simply like to say, on behalf of the 200 or so
    13          cardiac surgeons in this country, that we recognise the
    14          pain and suffering that the families involved in the
    15          Bristol Inquiry have been through, and whatever the
    16          outcome of the Inquiry is, we hope that it is
    17          satisfactory and helps to alleviate that pain.
    18      MR LANGSTAFF:  There may be some questions from the
    19          Panel.
    20      THE CHAIRMAN:  Mr Keogh, I think Professor Jarman
    21          has a couple of questions.
    22                         Examined by THE PANEL:
    23      PROFESSOR JARMAN:  One general, one specifically.  Would you
    24          have a record of patients with Down's syndrome?
    25      A.  No.
0142
     1      Q.  Generally, you pointed out that you are 20 years ahead
     2          of any other specialty, even surgical specialties.  How
     3          have you managed to achieve that?
     4      A.  I think through the foresight of Sir Terence English.
     5          That is the first thing.
     6                The second thing is, we are a small specialty and
     7          the number of operations which we perform, certainly in
     8          the adult sector, is relatively compact, which makes it
     9          a lot easier.  It is more difficult in the paediatric
    10          field, where diagnoses and procedures are more varied.
    11      PROFESSOR JARMAN:  Thank you.
    12      THE CHAIRMAN:  Mr Keogh, for my part, on behalf of the
    13          Panel, we heard what you said at the end and I am sure
    14          it will be appreciated elsewhere.  Thank you for that.
    15                I would like, if I may, to thank both of our
    16          witnesses -- I confess, I may have been remiss in not
    17          thanking our previous witness, Mr Willmer, who is no
    18          longer with us.  I apologise, because I would like to
    19          thank both him and you, Mr Keogh, for coming to help us
    20          today.  We have been greatly assisted in what is clearly
    21          a complex area.
    22                I think our thanks are also on behalf of the Panel
    23          due to our two experts, Dr Aylin who has had to leave
    24          and Dr Spiegelhalter whom we will see again tomorrow.
    25          They have greatly helped us in exploring the evidence.
0143
     1          This is a vital task which you do for the Panel and if
     2          I may say so, you have discharged it most diligently
     3          today and we are grateful to you.
     4                Mr Keogh, you may, if you wish, now stand down and
     5          join the rest of the world, if I may put it like that.
     6          Mr Langstaff, what do you have to tell me?
     7                         (The witness withdrew)
     8                        MR LANGSTAFF RE TIMETABLE:
     9      MR LANGSTAFF:  Sir, tomorrow we explore the delights of the
    10          Patient Administration System -- that is the local
    11          system.  We do so in the same way very much as we have
    12          done today and we will hear from Mr Andrew Hooper, the
    13          Health Records Manager of the Bristol Royal Infirmary.
    14          I and you will be assisted both by Dr Spiegelhalter and
    15          by Anne Harding, who is our expert in the Patient
    16          Administration Systems generally.
    17                It needs to be said as well, and I will probably
    18          come back to this tomorrow, that we have in addition
    19          taken and we have, or will, put on the Internet a number
    20          of statements in respect of individual data sources.
    21          I mentioned, for instance, the surgeons' logs and we
    22          have witness statements from both Mr Wisheart and
    23          Mr Dhasmana in respect of the provenance of those
    24          sources.
    25                We do not propose to call them to give oral
0144
     1          evidence because their evidence is quite plain on
     2          paper.  As I have said more than once from here, this
     3          Inquiry is not an oral inquiry, it is an inquiry which
     4          takes evidence both on paper and orally, and I have
     5          said, more than once I think, that no conclusion should
     6          be drawn as to the importance of the evidence or
     7          unimportance of it because it is, as it were, relegated
     8          to paper rather than being displayed orally.
     9                We have also taken a statement from Mr John Gray,
    10          the legal services manager of the Trust, and similarly,
    11          that is a written statement giving evidence to us of the
    12          sources of a number of the data upon which we will seek
    13          to place some proper reliance, such as we can.
    14                I am reminded by Mr Maclean, I should not ignore
    15          Mr Hutter's statements, of which we have two, in respect
    16          of this part.  It should not be thought that I ignore
    17          anyone in referring to the written data sources.  I am
    18          grateful to Mr Maclean for reminding me and apologise to
    19          Mr Hutter for any unintended slight.
    20                Tomorrow we begin at 10 o'clock, and not at 9.30
    21          as we would normally.  We go through to 1 o'clock and we
    22          hope tomorrow, before we finish, to have the advantage
    23          of hearing from Dr Spiegelhalter, who has sat throughout
    24          these sessions, as to the way forward, anticipating,
    25          having achieved we hope the preliminary critical
0145
     1          overview that we anticipated for Stage 1, achieving
     2          stages 2, 3 and 4 of the process which I put on the
     3          screen at the start of today.
     4                Thank you, sir.
     5      THE CHAIRMAN:  Mr Langstaff, thank you.  I just
     6          interject that the Panel is particularly pleased that
     7          today's process, which is somewhat unusual in public
     8          inquiries, seems to have worked to the advantage of
     9          everybody in being able to follow and have hard and
    10          complex material analysed for us en route, and we intend
    11          to use our experts in this way as time goes on for the
    12          benefit of all, as well as for the benefit of us in
    13          particular.
    14                So I repeat my thanks to them and to everyone else
    15          for today.  We adjourn now until 10.  Thank you,
    16          Mr Langstaff.
    17      (3.20 pm)
    18          (Adjourned until 10.00 am on Wednesday, 14th July, 1999)
    19
    20
    21
    22
    23
    24
    25
0146
     1                                I N D E X
     2
     3
     4          MR LANGSTAFF: INTRODUCTION RE STATISTICS ........... 1
     5          DR DAVID SPIEGELHALTER (Affirmed)
     6               Examined by MR LANGSTAFF ...................... 16
     7          MR RICHARD WILLMER (Affirmed)
     8               Examined by MR LANGSTAFF ...................... 32
     9          MR BRUCE KEOGH (Sworn)
    10               Examined by MR LANGSTAFF ...................... 93
    11               Examined by THE PANEL ......................... 142
    12          MR LANGSTAFF RE TIMETABLE .......................... 144
    13
    

Published by the Bristol Royal Infirmary Inquiry, July 2001
© Crown Copyright 2001