A Dundee woman prevented from seeing her severely ill mum in hospital due to Covid-19 restrictions has been told the decision was likely wrong.
Staff there said strict rules to prevent the virus spreading meant no family could enter the ward.
However, the Scottish Government responded to Jade’s concerns with a letter stating the situation was one where they would “usually expect essential visiting to be supported”.
Jade says she does not blame doctors or nurses for taking the decision.
Rather, she says clinicians should not be “burdened” with interpreting and implementing “vague” rules.
She said: “I am very frustrated that the government has chosen to abdicate responsibility for the implementation and enforcement of the Covid-19 rules onto non-governmental persons.
“The blame here lies squarely on the shoulders of the government for creating rules that are unclear, unpredictable and difficult to interpret for legal professionals, let alone the non-legal experts who have been left to apply them in practice.
“Clinicians have extremely valuable work to do during the best of times, let alone in the middle of a second wave of the COVID-19 pandemic.
“They are, quite literally, the people responsible for keeping us alive through all of this.”
Jade and dad Dimitri had been worried sick Lulu would die alone in a hospital bed after the shock emergency on December 23.
She described the rules as “sick and inhumane”.
Luckily, Lulu managed to recover enough to leave hospital thanks to the dedication of nurses and doctors there.
Jade, who is a lecturer in Law at Abertay University, added: “I think my situation demonstrates the lack of uniformity when it comes to the interpretation and implementation of Covid-19 rules, even within the same institutional settings.
“This lack of uniformity can be seen elsewhere too, as has been widely reported in the press regarding schools, shops and so on.
“The rule of law requires that all laws be accessible, intelligible, clear and predictable.
“The Covid-19 rules are not abiding by this fundamental constitutional principle.”
A spokesperson for NHS Tayside said the health board has nothing to add.
A Scottish Government spokesperson said: “We appreciate how difficult and upsetting this situation must have been for Ms Kouletakis and her daughter Jade and we wish her a speedy recovery.
“Our hospital visiting guidance – which emphasises flexibility and compassion – is in place across the country, and it is for health boards and clinical staff at local level to use it to guide their decisions for individual patients.
“Essential visiting remains in place even during the current restrictions, but we appreciate how difficult it is for those families who aren’t able to be with loved ones.
“Visiting restrictions are being put in place very reluctantly and will be relaxed as soon as it is safe to do so.”
