A close friend of a dying man was not told where he was in St Mary’s Hospital and has hit out at the "counterproductive" law.
The Islander, who wishes to remain anonymous, told Isle of Wight Radio he only learned “unofficially” that his close friend - who had no family - had died.
He discovered the news after being referred by the coroner to the bereavement department at the NHS Trust.
The Islander claims this was several days after he called the Isle of Wight NHS Trust to find out whether or not his friend was in the hospital.
He alleges staff told him his neighbour and close friend “wasn’t there” even though the man claims he knew he was admitted overnight.
The Islander told Isle of Wight Radio:
“All I wanted to know was whether he was in the hospital or not...I was then referred [by the coroner] to the bereavement department at St Mary’s, so by now, unofficially I know he’s dead because why else would I be referred to the bereavement department?
“They [the bereavement department] explained that he probably would be cremated and that he didn’t actually have any family.”
The Isle of Wight NHS Trust says it is “sorry to hear that a local resident was unable to be with a loved one while they were being cared for St. Mary’s.”
The Trust has encouraged the man to submit a complaint.
The man added:
“There are people in this world that really don’t have any family so the next closeness is a friend - someone who is not blood or married related - I think there should be some flexibility or a law change so people can just find out if they are in the hospital or not.
“On one side you have all these official rules and then on the other side you have the real-world thing where people on the Island know each other and know what’s going on.
“It all boils down to just making sure someone is not alone when they pass - sometimes being over the top with security is counterproductive.”
Under confidentiality laws, hospital staff are unable to disclose information about a patient without their consent due to Data Protection and GDPR legislation.
The law states if a friend or relative dies in a hospital or hospice, staff will organise for the death to be verified and a doctor can provide a medical certificate of death.
A spokesperson for the Isle of Wight NHS Trust said:
‘Firstly, I would like to say that we are sorry to hear that a local resident was unable to be with a loved one while they were being cared for St. Mary’s. We would urge the individual to submit a complaint to us, so we can look into the specifics in more detail and provide a direct response.
‘The NHS Isle of Wight Trust policy for releasing patient information is in line with our publicly available Privacy Notice, the NHS Digital Code of Practice on confidential information (including the Caldicott Principles for information sharing), the NHS constitution and the common law duty of confidentially.
‘To protect our patients right to confidentiality, we will only ordinarily share information with those listed as next of kin (NOK) or a preferred patient contact. Patients can add people to this list during their stay by notifying the ward staff directly. Where the Trust is unable to identify NOK or a preferred patient contact through its regular processes, other sources can be referred to as and when appropriate, provided that there is a lawful basis for sharing that information – these could include GP practices’
NHS England’s Safeguarding Policy states:
‘Information may be shared without consent if it is believed, based on the facts of the case, that lack of consent can be overridden in the public interest…. Information sharing should always be necessary, proportionate, relevant, accurate, timely and secure.’
The independent champion for Islanders who use health and social care services, Healthwatch, says it understands the law surrounding data protection and said the Isle of Wight NHS Trust has been going through difficulty because of the coronavirus pandemic.
But it adds that many elderly people on the Isle of Wight who live alone with no family rely on friends and neighbours, ‘even more so in recent months’.
A spokesperson for Healthwatch said:
“We would urge anyone who finds themselves in a similar position, to contact Healthwatch Isle of Wight or the PALS team at St Mary’s without delay. Healthwatch Isle of Wight is an independent consumer champion for health and social care and can offer information advice and signposting about health and social care services. The hospital PALS team are there to help address any concerns people have about hospital services.”
If you or someone you know has been affected by this story then you can contact Mountbatten Hospice’s free bereavement counselling service.
It is available to all Islanders affected by the loss of a loved one, regardless of whether you have been supported by Mountbatten in the past.
You can be referred to the service by your GP or call the team on 01983 217346.
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