Medical Data Breach Claim. Your medical records are private. They contain confidential information that belongs to you and your doctor and other health workers.
Your medical records need to be treated with respect and confidentiality.
Your medical records are your medical records.
Medical Data Breach Claim
We live in an age when our records are increasingly being stored in a digital manner. Whilst this is of great assistance in the transferring of data to those who need it to assist in your health care, it further increases the risk of the records being inadvertently shared with those who have no need, authority, or permission to see them.
Your medical records being shared with unauthorised persons can result from the negligent actions of your:
- GP surgery
- Private health care provider
The breach of your Data Protection rights may result from:
- A deliberate but incorrect decision to provide a third party or organisation with your details and or records
- Your medical records being sent to an incorrect address either in digital or paper format.
- The means of transferring information such as via a memory stick or even printed documents being lost or stolen
- Access by staff who have no need or authority/permission to view the records
A claim can be made when the information was stolen from the data holder due to an inadequate IT system.
No matter how the data was transferred or stolen you may be entitled to claim compensation. You do not have to show that there has been a financial loss: the fact that your medical data privacy and confidentiality have been breached is sufficient. You can still claim for the emotional distress caused by the healthcare provider’s failure to respect and protect your privacy.
The impact of the release of your records may have upon you cannot be underestimated. The inadvertent disclosure of your health records may leave you open to abuse or blackmail from the recipient but also can result in identity theft or being used for other illegal activities which may result in financial implications.
If you suspect or know that your medical data has been released without your consent or stolen from the party holding them, then contact us today. We have expert solicitors who can provide you with the advice and assistance you need.
How we can help with your medical data breach claim
We will, In the first instance, review the situation and the extent of the breach. If we feel a breach has occurred then we will contact those we are holding responsible advising them of the position and seeking an early settlement of your claim.
In addition, we make enquiries as to whether the Information Commissioner’s Office (ICO)has had notification of the breach. There is an obligation on all organisations to report appropriate breaches of data regulation to the ICO within 72 hours of the breach occurring.
Any admission of breach together with any ICO report will be used to support your claim. It may well be that we need to obtain medical evidence if we are to seek compensation for significant emotional upset and distress.
How much will it cost me?
If we feel you have a strong claim for compensation we can deal with your claim under a no-win no-fee agreement. This means that if the claim is not successful then you do not pay a penny for the work we’ve done. If the claim is successful then we would look to retain 25% (including VAT) of the compensation we recover on your behalf.
If you have already started your data breach claim but want to ensure the maximum level of recovery, we are happy to take over existing claims on the same terms.
If you’ve been a victim of a medical data breach then get in touch today for your free initial assessment and review.
If you want to discuss your potential professional negligence claim further, then please do not hesitate to get in touch with a member of our disputes team today either by:
- Telephone: 0113 224 7808
- Email: firstname.lastname@example.org
Alternatively, you can add your contact details into the box below and a member of our team will contact you.