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Do I have the right to know my mother's medical arrangements?

(147 Posts)
Doodledog Fri 14-Aug-20 12:10:33

My mum is 86, and I am her next of kin. I also have POA, but she is fully compos mentis, so this is not really relevant. Mum has been referred to a hospital doctor for investigations into an ongoing problem.

I am currently on holiday, and my husband went home to run some errands, and found a message on the answerphone. It was from the hospital, asking me to call, saying that it was 'about Mrs X (my mum)' with no other information.

Long story short, the call was because the receptionist had been unable to contact her, and wondered if I had an alternative number, or could ask her to contact the hospital.

Am I right to be concerned about this? What about my mother's right to confidentiality? The message was picked up by my husband, but for all anyone knows, he could have picked it up it in front of other people, he is not the next of kin, and even though I am, that does not give me the right to know my mother's medical arrangements.

As it is, the appointment is not about something that my mum was keeping to herself, but she has every right to do so, surely?

If this is the general policy, what about a message about a pregnancy that is picked up by an abusive father, or all sorts of other possible awkward situations?

I asked the receptionist about this, and she seemed to think that as she hadn't given details of the appointment it was ok. I pointed out that I had no right to know about the appointment at all and that answerphone messages are not private, but although she said she would speak to the consultant about the policy, I'm not convinced that she fully grasped what I was getting at.

What do you think?

MissAdventure Fri 14-Aug-20 16:08:49

Yes, it was a breach.

Greeneyedgirl Fri 14-Aug-20 16:30:14

Definitely a breach of confidentiality. This may not seem a serious breach but it could have been. I was equally annoyed when I got a reminder on my ansaphone for flu vaccs a couple of years ago from a drug company!
When I asked the surgery how an outside company had my tel no they said, it was ok as they hadn’t disclosed my name, but they had my no and knew that I was eligible for the vacc so what other info did they have I wonder? Insurance companies would love this type of information.

Callistemon Fri 14-Aug-20 16:30:43

Luckygirl

You are named as next of kin (reasonable, especially as you have PofA); hospital could not get your Mum, so rang you. They did not reveal the medical problem - so I cannot see what your problem is. They were acting responsibly in your Mum's best interests. Sounds fine to me.

As I understand it your Mum is not annoyed, but you are. I wouldn't worry about it if I were you. The hospital has enough to worry about!

I agree with Luckygirl.

No medical information was left on your answering machine and you are next of kin and also have POA.

Callistemon Fri 14-Aug-20 16:31:38

Greeneyedgirl that was different and you were right to be annoyed

Doodledog Fri 14-Aug-20 16:42:44

Callistemon I wonder if the POA thing is muddying the waters here. I wish I hadn't mentioned it, as it's really irrelevant. POA does not kick in until the patient has been declared unfit to speak for themselves, and that is not the case with my mum, so the hospital will not know about it (or if they do, it is still not relevant) .

I think that everyone has a NOK listed on their medical notes, but as far as I know, that just means that they will be informed if the patient dies. It does not give them the right to be told about medical appointments.

Incidentally, by the time I got the message, my mum had picked up her own messages and contacted the receptionist herself. When she hadn't got through to mum immediately, she had called me - it's not like she tried for days with no luck.

I think my mum had just been in the bath or something. The delay at my end was because I am on holiday and didn't pick up the message either. I would maybe feel less strongly if a week had gone by and my mum might have been missing vital medical attention, but that was not the case. I also wonder if the fact that she is 86 is relevant, and she has been assumed to be in need of looking after. This is not the case at all - she is very independent and capable.

Callistemon Fri 14-Aug-20 16:47:00

hmm
Yes, it probably does cloud the issue on here.
Presumably the hospital doesn't know about the POA.

FarNorth Fri 14-Aug-20 17:30:34

I think being 86 is relevant, as it's more likely that an elderly person may have had some mishap.
It does sound like the receptionist was a bit hasty, tho, and leaving a message on your phone wasn't particularly effective anyway as you were away.

The hypothetical 20 year old needn't name her controlling father as next of kin, so then he wouldn't get any messages about her.
A patient can name anyone they want to, as next of kin, but not everyone knows that of course.

ElaineI Fri 14-Aug-20 23:26:56

Don't see problem if you are next of kin. If there is a problem and they can't contact your Mum and it is urgent then of course they contact you and if your DH or anyone else picks up the phone so what. Would you rather if she was critically ill that no one let you know? If she is not concerned then stop getting embroiled in protocols or similar and be happy you were actually informed. If they didn't then would you be on your high horse asking why were you not informed?

Doodledog Fri 14-Aug-20 23:33:03

Thank you for your input smile.

I have explained why I was concerned, and that I accept that I may have over-reacted. I'm not sure what more I can say, really.

If my mum had been seriously ill it would have been a different matter, as the next of kin is (rightly) informed in those circumstances, unless the patient has expressed a wish that they shouldn't be.

As it was, she was not seriously ill, it was a routine appointment, and the receptionist called me immediately after ringing my mum's number and not getting an answer.

Chewbacca Sat 15-Aug-20 00:24:33

I work for an organisation that contacts patients to remind them of their hospital appointments. We have a very strict code of conduct. When we call, we ask to speak to the patient. If the person who answers the call identifies as the patient, they are asked a number of personal identification questions and they must answer them all correctly before the call can proceed further. If the patient isn't available, we can go no further; leave no messages, no details, no return telephone numbers; not even with spouses or next of kin. Several further attempts will be made to speak personally to the patient by calling at different times but at no time can messages be left. All calls are monitored and breaches of security are dealt with immediately.

Greeneyedgirl Sat 15-Aug-20 09:21:33

I believe that is the protocol that all medical clinics and surgeries practice Chewbacca and in Doodles case this was clearly not adhered to, therefore a breach.

NotSpaghetti Sat 15-Aug-20 10:10:31

Doodledog I think you are right and the surgery should not have contacted you.

I also agree that sometimes doing things that is wrong is useful or convenient. My husband is always in the dark about his mother's health as she is the channel through which the information comes and it's invariably wrong.

I feel some people aren't grasping the idea of confidentiality. I had exactly this discussion with a hospital once when they left a message on my answerphone. I eventually tracked down the person who had implemented the policy of leaving messages and through them spoke to their data holder. They said they will ask permission to call people in future. The phone number on my file was from years ago and I didn't know they had it. In my opinion, the health service gives way too much info away.

Everyone is keen to quote "GDPR" at you when you want some totally allowable info or change but no-one seems to understand confidentiality.

NotSpaghetti Sat 15-Aug-20 10:22:23

Chewbacca, does the patient give explicit consent to these calls or are they "routine"?

Does the patient give direct and explicit consent to an outside organisation having enough data to make the calls?

I know it's an outside service that Derby hospital uses and they do not seek direct consent to transfer the patient's data for exactly this purpose.

Witzend Sat 15-Aug-20 10:30:53

TBH I’ve heard much more often about NHS refusal to communicate with a relative of someone with dementia, when the relative knows that the person will completely forget about any appt., even if they registered it in the first place, and haven’t hidden or thrown out any letter - which is common.

Yes, it’s all down to patient confidentiality, but it just results in a lot of the no-show appointments they complain about.

NotSpaghetti Sat 15-Aug-20 10:34:02

Just re-read my last post Chewbacca - I want to stress I'm not "getting at you" but am genuinely interested. Sorry if the tone is a bit off! That wasn't my intention.

Chewbacca Sat 15-Aug-20 10:37:52

Chewbacca, does the patient give explicit consent to these calls or are they "routine"?

Yes NotSpaghetti; when they initially attend the hospital, they're asked if they would like to opt in to recieve appointment reminders. If they agree, they're offered a choice of phone calls, emails or text messages and the appropriate contact details are taken. They can opt out at any time. Strict data protection laws are in place for both the external company providing the service and the Trust that they work for. Breaches are punitive.

Chewbacca Sat 15-Aug-20 10:38:51

Nah! No offence taken NotSpaghetti! smile

Poppyred Sat 15-Aug-20 10:40:42

This is ridiculous! Take your name off as next of kin then. No personal information was left!

This reminds me of someone suing a paramedic because he/she broke his ribs when trying to resuscitate him!

Stop getting your knickers in a twist .... no harm was done and the surgery was trying their best to contact your Mum.

Chewbacca Sat 15-Aug-20 10:47:16

No, it's really not ridiculous Poppyred; it's actually a very serious breach of data protection. DPR laws are stringently adhered to, particularly within the NHS. If Doodledog's mother has not given her GP permission to contact her daughter, in the event that she cannot be reached by telephone, they shouldn't have done so. There is cause for a legitimate complaint here.

Poppyred Sat 15-Aug-20 10:54:45

We are all so precious these days aren’t we.....?

Doodledog Sat 15-Aug-20 11:17:20

I didn’t think it was ridiculous to ask a question on here, either. I made it clear at the start that I wasn’t sure if I was right to be concerned.

My knickers remain untwisted, but I think your post is very rude, Poppyred. I also think that either you have not read the thread or you do not understand the concept of confidentiality.

Further, it is a huge leap to suggest that because I question the use of information divulged because I am NOK, the answer is to stop being NOK. As I have said, I have no wish to do this - that would be an over-reaction!

Thanks to those who understand that the fact that no harm was done is not really the point.

Poppyred Sat 15-Aug-20 11:29:18

But that is the point isn’t it....No harm was done!
Move on enjoy life while you can and don’t sweat over the small things.

FarNorth Sat 15-Aug-20 12:15:05

Poppyred do you drive recklessly, get away with it and think it's fine because no harm was done?

FarNorth Sat 15-Aug-20 12:20:35

Chewbacca If the person who answers the call identifies as the patient, they are asked a number of personal identification questions and they must answer them all correctly before the call can proceed further

This is a little worrying as we are always being told not to give personal info to people who call up.
How are we to know it's really the NHS on the phone?

I don't have a solution, all the same.

quizqueen Sat 15-Aug-20 12:27:38

If you don't want to 'accidentally' or otherwise hear any details about anyone else then don't give your contact details!!!