Medical Data Breach Compensation Claims Guide
In this guide, we explain when you could be eligible to claim for medical data breach compensation. Firstly, we set out the criteria that you must meet in order to make a personal data breach claim. In addition to this, we also detail the time limitations which exist in relation to data breach claims.
Moreover, we define what personal information is and explain what health data may be involved in a data breach. We also cover the impacts that you could face as a result of this compromise.
Additionally, our guide looks into the steps you could take after you have been affected by a medical data breach and what evidence will be useful to have.
Furthermore, to finish our guide, we outline how a No Win No Fee agreement works and how data breach solicitors can help you with your claim.
To learn more about medical data breach compensation, please continue to read our guide. Alternatively, you can speak with a member of our team about your claim.
Please see the following ways you can reach us below:
- Call us on 0161 696 9685
- Fill out our form with your details and submit it on our site to contact us
- Use our chat window to begin a live discussion
Select A Section
- When Could You Claim Medical Data Breach Compensation?
- If A Medical Data Breach Occurs, What Health Data Could This Include?
- How Could You Be Affected By A Medical Data Breach?
- What Could I Do After A Medical Data Breach?
- How To Calculate Medical Data Breach Compensation
- Find Out If A No Win No Fee Solicitor Could Help You
When Could You Claim Medical Data Breach Compensation?
The Information Commissioner’s Office, the UK’s independent body for upholding data protection rights, defines a personal data breach as a security incident in which personal information is accidentally or unlawfully altered, disclosed, erased, or accessed by unauthorised individuals.
Data controllers and processors are responsible for handling your data securely. Controllers tend to decide why and how your data is being collected, and processors are usually hired as a third party by the controller to work under their instruction.
If they fail to adhere to data protection laws when processing your personal data, and your personal information is involved in a breach, then they can become liable for any harm you suffer as a consequence.
The Data Protection Act 2018 and the UK General Data Protection Regulation set the law for data controllers and processors to follow when handling your personal data.
Article 82 of the UK GDPR outlines the eligibility requirements you should meet in order to make a personal data breach claim:
- A controller or processor failed to comply with data protection laws
- This led to a data breach which involved your personal data.
- You suffered emotional or financial harm due to the breach.
If you fulfil the criteria, you may be eligible to claim medical data breach compensation.
Medical Data Breach Compensation Claim Time Limits
If you are making a claim against a company or organisation for the harm you suffered due to a data breach, you will typically have six years to begin the proceedings of your claim.
If you are claiming against a public body, this will usually be reduced to one year.
For further guidance on time limitations, please contact our team.
If A Medical Data Breach Occurs, What Health Data Could This Include?
Personal data is protected under legislation. This is information that can be used to identify you directly, or alongside other information, it can include your name, address, and phone number.
Additionally, there is another type of personal information known as special category data. This is handled more securely and with further protection due to the sensitive nature of the information. This can include your sexuality, race, political opinions, and health data.
According to the Data Protection Act 2018 and the UK GDPR Article 4(15), health data is information concerning an individual’s physical and mental health. It protects medical conditions, tests or treatment as well as data which reveals information about someone’s health.
Please get in contact to discuss the circumstances of your claim.
How Could You Be Affected By A Medical Data Breach?
Health data is given added protection under special category data for a reason. This is because health data is highly sensitive. If data about a health condition, results of medical tests carried out or information about any mental health issues are breached, this can have far-reaching consequences for the individual involved.
For example, mental health problems can be made worse by this type of data breach, or it can mean people who have never suffered from any psyhlogocical conditions now find themselves with anxiety and depression.
Financial harm could occur if your bank information, such as your credit or debit card details, are involved in the breach. This may not be so much of a problem if you are an NHS patient, but for those who seek private medical care, it is very likely that card payments are made.
What Could I Do After A Medical Data Breach?
If your personal information is involved in a medical data breach, there are steps you should take. For data breaches that infringe on your rights and freedoms, data controllers must inform you of the breach without undue delay. They must also inform the ICO of what has happened
If you discover the breach yourself, then you can make a complaint to the organisation you feel is responsible for what has happened. You can ask which data was affected and what the plan is to rectify the issue. If you are not happy with their response, you can escalate the complaint internally and also ask the ICO to investigate. However, do not wait more than 3 months from the last response from the data controller to involve the ICO.’’
Evidence of correspondence between yourself, the company and the ICO will be useful to have when claiming. Copies of letters, emails, or any communication could help.
How To Calculate Medical Data Breach Compensation
There are two kinds of damage which you may suffer and potentially receive medical data breach compensation for. One type is non-material damage, which this section places focus on.
This relates to the emotional harm you have experienced because of the data breach. If you suffer anxiety caused by a data breach, you could be eligible to make a claim.
Copies of medical records or documents from a medical professional such as a therapist, could be of use in relation to evidence.
The Judicial College Guidelines may be consulted by solicitors for assistance during the valuing process. The compensation brackets from these guidelines are in the table, though they are not invariable representations of the compensation you will receive.
These are not guaranteed amounts, as each and every claim is different and data breach compensation clams are calculated on a case-by-case basis.
Compensation Guidelines
| Harm | Severity | Details | Compensation Guidelines |
|---|---|---|---|
| Psychiatric | Severe (a) | Marked issues coping with all aspects of life including, work relationships and education. The prognosis here is very poor. | £54,830 to £115,730 |
| Moderately Severe (b) | Problems are significant in relation to coping with life for example work, relationships with family and friends and education. But there is a much more optimistic prognosis. | £19,070 to £54,830 | |
| Moderate (c) | Problems coping with life as in the above categories but there is evident improvement by trial and there is a good prognosis. | £5,860 to £19,070 | |
| Less Severe (d) | The extent to which daily activities are affected will be considered as well as the period for which the disability persisted. | £1,540 to £5,860 | |
| PTSD | Severe (a) | Effects are permanent and a return to the pre-trauma life is not possible. | £59,860 to £100,670 |
| Moderately Severe (b) | Although the person will suffer significantly for the future the prognosis is better if professional help is sought. | £23,150 to £59,860 | |
| Moderate (c) | The recovery has substantially taken place and any effects that remain are not greatly disabling. | £8,180 to £23,150 | |
| Less Severe (d) | A near full recovery has occurred within one to two years. Remaining symptoms are minor. | £3,950 to £8,180 |
If you have suffered stress due to a data breach or any psychological harm as a result, you could be eligible to claim. Please contact our team.
Further Damages You May Be Eligible To Claim
After a data breach, you may also suffer material damage. This refers to any financial harm that you incur due to a data breach.
For example, if your credit and debit card details are breached, fraudsters could use this information and steal money from your accounts and make fraudulent purchases, all of which could damage your credit score.
Find Out If A No Win No Fee Solicitor Could Help You
When making your claim for medical data breach compensation, you may wish to utilise the services of No Win No Fee claim solicitors. They may propose a Conditional Fee Agreement.
With this arrangement in place, the payment for your solicitor’s services will usually depend upon the outcome of your claim.
If your claim is unsuccessful, you will typically be under no obligation to pay for the services your solicitor has provided.
On the other hand, if your claim is successful, your solicitor will deduct a success fee from your award. The Conditional Fee Agreements Order 2013 restricts the percentage they can take, but this will usually be a point of discussion prior to the agreement being entered.
Contact Us
If you would like to discuss your claim further, you can speak to an advisor from our team to receive further guidance.
To speak to a member of our team, please get in touch:
- Call us on 0161 696 9685
- Provide your details in our web form to contact us
- Discuss your claim live with an advisor through our chat window
Learn More About Medical Data Breach Compensation Claims
Thank you for reading our guide on when you could be eligible to claim medical data breach compensation.
More of our personal data breach claims guides:
- My Medical Records Were Lost By A Solicitor
- Solicitors Sent The Wrong Patient Records
- Breach Of Data Compensation Claims Explained
External guidance:
- Panic Disorder – NHS
- Risk Management – NCSC
- Does An Organisation Need My Consent? – ICO