In this article, we investigate what impact a medical records data breach could have. We examine how data breaches could occur and who might be responsible.
Medical records data breach claims guide
We also explain what a personal data breach is. Not all instances of a personal data breach will form the basis of a successful claim. We will elaborate on who is eligible to claim, as well as what criteria your claim must meet.
Data breaches could occur either accidentally through human error or deliberately. We explore examples of human error and cybercrime that could result in a data breach. Additionally, we look at how organisations could prevent data breaches.
We will also explore how compensation amounts are calculated in personal data breach claims, including the separate heads you may be able to claim under. Finally, we will explore how you could fund legal representation through a No Win No Fee arrangement.
Our team of advisors is available to answer any questions you may have about your potential data breach claim.
To speak to us:
- Call us on 0333 241 2521
- Use the live chat feature
- Make a claim online
Choose A Section
- Guidance On Making A Medical Records Data Breach Claim
- What Is A Medical Records Data Breach?
- Examples Of Medical Records Data Breaches
- How Much Could I Get For A Medical Records Data Breach Claim?
- How Can I Get A No Win No Fee Agreement?
- Further Information About Making APersonal Data Breach Claim
Guidance On Making A Medical Records Data Breach Claim
Before we can look at a medical records data breach, we should define what a personal data breach is. When the integrity, availability, or confidentiality of your personal data is compromised by a security incident, this is a personal data breach.
However, you cannot claim for every instance of a personal data breach. Your eligibility to make a health records data breach claim is set out in the legislation that governs data protection. You must be able to:
- Prove that the breach was a result of the organisation’s wrongful conduct
- Supply evidence that the data breach included your personal data
- Prove that you suffered either a financial loss or mental distress as a direct result of the breach
Following a data breach, an organisation should inform you without undue delay if the breach could infringe on your rights. Notification that your personal data was included in a data breach could help support a claim for medical data breach compensation.
Talk to our claims team about what you could do following a personal data breach.
What Is A Medical Records Data Breach?
The UK General Data Protection Regulation (UK GDPR) sits with the Data Protection Act 2018 (DPA) to protect the personal data of UK residents. Personal data is identifying data, such as your name, date of birth, email address, postal address and phone number. It also includes financial data, such as your tax information or debt and arrears data.
Under Article 9 of the UK GDPR, data concerning health is considered special category data. Special category data is a kind of personal data that requires additional legal protections due to its sensitivity. Details of any medical conditions you may have might also be found within your employment records, including disciplinary information.
Other special category personal data include:
- Trade union membership status
- Your political, religious or philosophical beliefs
- Data regarding your sexuality
- Genetic and biometric information
To learn more about personal data and whether or not you may be able to claim, contact our advisors today.
Examples Of Medical Records Data Breaches
There are many ways that a medical records data breach could occur, from human error to cybercrime.
Providing adequate data protection training to staff with data access could help organisations avoid data breaches. For example, training staff to use the blind carbon copy (BCC) feature when sending batch emails. This allows for email addresses to be hidden from the other recipients.
Additionally, organisations should ensure that their records are up to date. This could help in preventing the misdelivery of data. For example, if you inform your GP surgery of a change of address, but they do not update their records, this could lead to a letter containing personal data being sent to the wrong address.
Organisations should also ensure that they have adequate cybersecurity policies in place. If they fail to do so, and cybercriminals gain access to your personal data through malware or hacking, you may be able to make a claim.
To find out if you could be eligible to make a claim, contact our advisors today.
Medical Data Breach Stats
The Information Commissioner’s Office (ICO) upholds data protection rights as an independent authority. Their role in data protection is varied, but one of their roles is to collect and publish reports on data security incident trends.
Reported non-cyber incidents in the health sector during the fourth financial quarter of 2021/22 include:
- 57 incidents of data were emailed to the wrong recipient
- 71 incidents of data posted or faxed to the wrong recipient.
- 45 incidents of paperwork that was lost, stolen or left in an insecure location.
How Much Could I Get For A Medical Records Data Breach Claim?
Your personal data breach claim could be made up of two heads compensating you for material damages and non-material damages.
Non-material damage awards compensation for any mental health issues the compromise in your personal data has caused. This could cover psychiatric injuries such as stress, anxiety, depression and post-traumatic stress disorder (PTSD).
The figures in the table below come from the latest edition of the Judicial College Guidelines (JCG). This is a document often used by legal professionals to help assign value to non-material damage claims. However, it is important to note that these figures are guidelines only.
| Condition | Severity level | Potential Compensation | Notes |
|---|---|---|---|
| General psychological injury | Severe (a) | £54,830 to £115,730 | Relationships and daily activities cannot be coped with. A recovery isn’t expected. |
| General psychological injury | Moderately severe (b) | £19,070 to £54,830 | Although the future is more optimistic than in a more severe injury, relationships and daily activities are difficult to cope with. |
| General psychological injury | Moderate (c) | £5,860 to £19,070 | After experiencing problems coping with life, improvements are made. |
| General psychological injury | Less severe (d) | £1,540 to £5,860 | Symptoms cause a temporary disability. |
| PTSD | Severe (a) | £59,860 to £100,670 | All life areas experience the effects of a permanent inability to return to the same level of functioning as before the trauma. |
| PTSD | Moderately severe (b) | £23,150 to £59,860 | A professional helps with some recovery from the symptoms but a significant disability is expected to last into the foreseeable future. |
| PTSD | Moderate (c) | £8,180 to £23,150 | Some non-disabling symptoms last after a recovery has largely taken place. |
| PTSD | Less severe (d) | £3,950 to £8,180 | Minor symptoms may be present beyond two years but a virtual full recovery has occurred. |
Material Damage Broken Down
If your finances were harmed as a direct result of the breach, you may be able to claim these losses back under material damage. For example, if cybercriminals steal money from your account, or if you suffer a loss of earnings as a result of missing work due to your psychological injuries.
The way you claim for material and non-material damage changed through the Court of Appeal case Vidal-Hall and Others v. Google (2015). Previously, claimants had to claim for material damage in order to claim for non-material damage. The Court of Appeal ruled that you do not need to claim for material damage at the same time as claiming for your non-material damage.
For a free estimation of what you could receive should your medical records data breach claim succeed, contact our advisors today.
How Can I Get A No Win No Fee Agreement?
If you would like to seek legal representation for your personal data breach claim, you may be interested in a No Win No Fee data breach solicitor. Their legal services may be provided under a Conditional Fee Agreement (CFA).
When a solicitor works under a CFA, they do not charge any ongoing or upfront fees. Should your claim succeed, a success fee will be taken from your final award. This is a small percentage with a legal cap. However, this fee does not apply to unsuccessful claims.
Ask About Making A Medical Records Data Breach Claim
Our advisors can provide free and relevant legal advice, and they can tell you if your claim could be valid. If it is, they may be able to put you in contact with a No Win No Fee solicitor from our panel.
To learn more, you can:
- Call us on 0333 241 2521
- Use the live chat feature
- Make a claim online
Further Information About Making A Medical Records Data Breach Claim
External reading:
Further articles from Data Breach Compensation Expert:
Writer Danielle Baker
Publisher Cat Heart
