What Compensation Could I Receive For A Liverpool Hospital Data Breach?

Liverpool-hospital-data-breach

A Guide To Claiming For A Liverpool Hospital Data Breach

In this guide, we will start off by looking at what could be awarded if a personal data breach claim is successful and what documents legal professionals could make use of when calculating data breach settlements. 

Then we’ll be discussing whether you could make a claim if your personal data was compromised in a Liverpool hospital data breach. We’ll be discussing the eligibility criteria that must be met to have a valid personal data breach claim, as well as looking at how long you would have to initiate a claim in the courts. 

We’ll be exploring the data protection laws that have been put in place to protect your personal data as well as this, we’ll be looking at how a data breach can affect your personal data and also the effects it can have on you, the data subject. 

There are examples provided about how personal data breaches, whether caused by human error or cyber attacks, can take place and also what evidence you can collect in support of your claim.

We will conclude this guide by explaining how you could work with a data breach solicitor via a No Win No Fee agreement.

You can use the contact details provided below to discuss this further with our team of advisors. In just one call, you can get an understanding if you could be eligible to make a data breach claim.

  • Enter your details in the ‘contact us’ section of our website
  • Call us on 020 3870 4868
  • Talk with one of our advisors by using the Live Support feature available on our website

Choose A Section

  1. What Compensation Could I Recieve For A Liverpool Hospital Data Breach?
  2. Eligibility Criteria When Claiming For A Hospital Data Breach
  3. How Could A Liverpool Hospital Data Breach Occur?
  4. Potential Evidence When Seeking Data Breach Compensation
  5. Claim For A Hospital Data Breach Using Our Panel Of No Win No Fee Solicitors
  6. Related Sources For A Liverpool Hospital Data Breach Claim

What Compensation Could I Recieve For A Liverpool Hospital Data Breach?

A personal data breach settlement after a successful claim can consist of up to two separate heads of claim. 

Non-material damage refers to the emotional harm that you have sustained as a result of the data breach. This can come in the form of distress, post-traumatic stress disorder, depression, stress, and anxiety. 

Solicitors may use the Judicial College Guidelines JCG to help them calculate how much data breach compensation a successful claimant may be able to receive for the non-material damage that they have suffered, they might also use any medical evidence that can be accessed alongside the JCG.

We have used the JCG to create the table below, as it lists injuries and mental harm alongside severities with reflected compensation guideline brackets. These should only ever be used as guidance, as each claim with be valued on a case-by-case basis.

Compensation Guidelines

Edit
Injury Severity Compensation Notes
Mental Injury Severe (a) £54,830 to £115,730 The prognosis will be very poor and the person will suffer marked issues trying to cope with every day life.
Mental Injury Moderately Severe (b) £19,070 to £54,830 Injured person will have significant problems in dealing with their regular life, but their prognosis will be significantly more positive than in the above bracket.
Mental Injury Moderate (c) £5,860 to £19,070 The person will have suffered issues coping with life as in the brackets above however there will be a marked improvement.
Mental Injury Less Severe (d) £1,540 to £5,860 Compensation in this bracket will depend on the extent of a person’s disability.
Post Traumatic Stress Disorder Severe (a) £59,860 to £100,670 Cases that result in permanent disabilities, and prevent the injured person from functioning at levels similar to before their injury.
Post Traumatic Stress Disorder Moderately Severe (b) £23,150 to £59,860 Similar injuries as in the bracket above, but the future prognosis will be more positive if professional help is sought.
Post Traumatic Stress Disorder Moderate (c) £8,180 to £23,150 Largely recovering whilst involving no long term disabling effects.
Post Traumatic Stress Disorder Less Severe (d) £3,950 to £8,180 Cases that result in a near full recovery after one or two years.

It’s important to note that these figures cannot be guaranteed due to every claim being unique in their own regard. Instead, these figures have been provided to help give you an idea of what sort of compensation you could be entitled to receive.

How Do I Get Material Damage Compensation After A Medical Data Breach?

After making a successful data breach claim, you could be entitled to receive compensation for any material damage that you experience. Material damage is the financial harm you can suffer if your personal data is compromised. This can include loans being taken out in your name, money being stolen from your account, and an impact on your credit score. 

You’ll have to provide evidence such as bank statements, payslips and credit card report statements when attempting to receive compensation for material damage. 

Eligibility Criteria When Claiming For A Hospital Data Breach

The Information Commissioners Office ICO are the independent body set up to enforce data protection laws, it defines a personal data breach as a breach of security leading to the unlawful, or accidental destruction of, alternation, unauthorised disclosure of, or access to personal data. This can include both breaches that are a result of an accident, or done deliberately. 

The UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 are the leading laws when it comes to data protection. Article 82 of the UK GDPR sets the eligibility criteria for a data subject to be eligible to make a personal data breach claim. The criteria are as follows: 

  • A data breach occurred because those responsible for your personal data were liable for infringement of the UK GDPR.
  • This data breach involved your personal data, and
  • This caused you to suffer mentally and/or financially

Personal data is any data that can be used to identify you directly or indirectly, such as your name, address, email address, or phone number.

Liverpool University Hospital Foundation Trust Data Breach – What Happened?

The trust that runs the Royal Liverpool University Hospital, Aintree, Broadgreen, and Liverpool University Dental Hospital, The Liverpool University Hospital Foundation Trust, was being investigated in March 2023 after the personal information of thousands of staff was emailed to hundreds of people.

The potential data that was involved in an email sent to the managers was names, addresses, National Insurance numbers and salaries of staff members at the Royal and Aintree hospitals.

Source:https://www.bbc.co.uk/news/uk-england-merseyside-64909965

How Could A Liverpool Hospital Data Breach Occur?

Examples of how a potential data breach could occur include:

  • Personal data being emailed to the wrong email address.
  • Personal data is sent to the wrong address.
  • A GP or doctor detailing your diagnosis and medical condition to those without authority to have access to it. 
  • A hospital or GP surgery experiencing a cyber attack due to a lack of sufficient cybersecurity in place. 
  • A hospital posts the personal information of patients online. 

Additionally, if you’re unsure about the eligibility of your claim, then you can find out more by using the contact information above to discuss this further with our team of advisors.

Potential Evidence When Seeking Data Breach Compensation

Potential types of evidence that you can use to support your hospital data breach claim include:

  • If your data has been compromised and this affects your rights and freedoms, then the organisation should inform you without undue delay. Any correspondence that stipulates that your personal data has been involved in a breach could be used as crucial evidence. 
  • If the data breach has affected your mental health and you want to claim for the non-material damage you have suffered, it is important to request your medical records so that they can be used as evidence. 
  • Providing evidence of your material losses can come in the form of receipts, invoices and/or bank statements. 

Evidence is crucial when making a personal data breach claim, as you have to prove that the data breach you’re wanting to claim for fits the required criteria. If you require any assistance in gathering evidence to support your claim, then a solicitor from our panel would be happy to assist you, providing you have a valid claim.

Claim For A Hospital Data Breach Using Our Panel Of No Win No Fee Solicitors

Data protection breach solicitors, that work under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA), derived from The Conditional Fees Agreements Order 2013, won’t require any fees for their service upfront or while the case is ongoing. Also, in the event that you’re unsuccessful in your claim, you won’t have to pay anything for your solicitor’s work they have completed on your case. 

However, in the case that you’re successful in your claim, you’ll instead have to pay a success fee to your solicitor. This is a legally capped percentage that comes out of your compensation before it reaches you. Note that the percentage is discussed between you and your solicitor before you begin your claim. 

If your personal data has been affected by a Liverpool Hospital data breach, then you can discuss this with our team of advisors by using the information provided below. In just one call, you can get an understanding of whether you have a valid data breach claim. 

Contact us by:

  • Enter your details in the ‘contact us’ section of our website
  • Call us on 020 3870 4868
  • Talk with one of our advisors by using the Live Support feature available on our website

Related Resources For A Liverpool Hospital Data Breach Claim

If you’d like to learn more about potential hospital data breach claims, then you can read more of our guides below:

Alternatively, if you’d like to learn more, you can follow the below links: