Lost Medical Records Compensation Claims In The UK
By Daniel Pike. Last Updated 10th June 2022. Have you suffered mentally or financially because of a medical records data breach? If so, under certain circumstances, you may be able to claim lost medical records compensation. This guide will explore what this entails and when you may be able to make a data breach claim.
Claim Compensation For Lost Medical Records In The UK
Paranoia, anxiety, and trust issues can arise due to a medical data breach. A future data breach may be something you worry about.
Data breach compensation can help you get your life back on track. Lost medical records compensation can compensate for the financial loss and mental struggles you’ve faced due to the data breach.
Get In Touch With Our Team
Our friendly advisers are available 24/7 to offer free legal advice. You can have a chat with an adviser about your situation and whether you can make a claim.
If your claim is legitimate and strong, an adviser can connect you with a data breach lawyer from our panel to discuss No Win No Fee agreements with you.
You can contact our advisers by:
- Ringing them on 020 3870 4868 to discuss your case.
- Filling in our online claims form to receive a reply at your earliest convenience.
- Having a chat with an adviser via our live chat pop-up box for an instant response.
Services And Information
- Everything You Need To Know About Lost Medical Records Compensation Claims
- What Is The Loss Of Medical Records?
- What Information May Be In Your Medical Records?
- Protecting Your Medical Records
- Who Has Access To Your Medical Data?
- Compensation Payouts For Lost Medical Records In The UK For 2022
- Causes Of The Loss Of Medical Records
- Medical Records Lost By GPs Or Hospitals
- How Could You Be Affected By Medical Data Privacy Breaches?
- How Long Do I Have To Claim Lost Medical Records Compensation?
- My Medical Data Privacy Was Breached, What Should I Do?
- Claim For A Lost Medical Records Compensation On A No Win No Fee Basis
- Related Medical Privacy Breach Claims
- FAQs About Lost Medical Records Compensation Claims
In this guide, we will first explain what the loss of medical records is and what information may be in your medical records. Next, there’ll be sections where we look at how to protect your medical records and who has access to your medical data.
Moreover, there will be a compensation table to show how psychological injuries may be valued. There will also be a section discussing what can cause this type of medical data breach.
Moreover, there’ll be sections where we explore how medical records can be lost by GPs or hospitals and how you could be affected by medical data privacy breaches. In this guide, we will then look at how long you have to claim lost medical records compensation.
In addition, there’ll be a section where we look at what a No Win No Fee agreement is and how our panel of lawyers work on this basis. Finally, there’ll be some further guides and FAQs to ensure you have as much information as possible.
Personal data/information can be used to identify you alone or in combination with other data. For example, your name and address are personal data.
Medical records can also include your personal data. In fact, some personal medical data can be seen as special category data (sensitive data). For example, data that relates to your health or sex life is special category data and needs more protection.
Your personal data should be protected by whoever collects, holds or processes it. They should keep your personal data safe and ensure they don’t make mistakes that lead to your medical records being breached.
A body that decides how and why it will use your personal data is a data controller. They may sometimes use another body (data processor) to process personal information on their behalf. The person whose personal data is collected and processed is called a data subject.
Losing medical records can be detrimental to your diagnosis and treatment. The details of your treatment may be lost. Furthermore, you could be prescribed the wrong medication as the details of the medication you’re currently on are lost.
What happens if medical records are lost?
If information such as medical records are misplaced, then this could lead to circumstances where your health is affected as a result. This could be an example of medical negligence or a data breach so you may be able to make a claim. However, medical negligence claims are a different type of claim – if you would like to know more about claiming for medical negligence, browse our website or get in touch with our advisors.
The lawyers on our panel can handle claims in both fields. So, if you have any questions, please call us for more information.
The below graph contains statistics taken from the Information Commissioner’s Office (ICO). The ICO enforces data protection legislation in the UK.
The graph shows the number of data breaches reported by data controllers in different sectors between 1st July 2021 and 30th September 2021.
As you can see, the highest number of data breaches occurred in the health sector, with 435 reported. On the other hand, the lowest happened in the political sector, with 1 reported data breach. This shows how common medical data breaches can be.
It’s important to note that you should only make a data breach claim if a data controller or data processor’s positive wrongful conduct caused the data breach. You’d also need to prove that you suffered financial loss or psychological harm as a result of the data breach.
If you’ve suffered a medical records data breach, please don’t hesitate to give our expert advisers a call.
You’re under no obligation to continue with our services after speaking to an adviser. However, if you have a solid claim, an adviser can connect you to a lawyer from our panel to begin working on your data breach claim.
Your medical records may contain personal information such as your:
- Medical conditions
- Email address
- Health test results
- Illnesses and injuries
Medical professionals have a to keep your personal data safe. Lost medical records compensation can help you get your life back after suffering a medical data breach.
You can contact our expert advisers today to receive free legal advice and assess how much compensation you may be entitled to. If you have a valid claim, an adviser could connect you to an experienced lawyer from our panel to discuss No Win No Fee agreements with you.
Medical records may include:
- Records and reports generated online
- Signed consent forms
- Laboratory test results
- X-ray and MRI scans
- Letters between a patient and medical professional, or between medical professionals
- Handwritten notes
- Monitoring equipment reports such as a blood pressure monitor in A&E
If the medical information could be used to help identify you, it should be protected. A GP, private hospital, or NHS could hold these records.
A wide range of medical practitioners may treat you. Each practitioner may have access to your medical records and know, for example, what medication you’re taking, what symptoms you’re experiencing, and what illness or injury you’re diagnosed with.
This is why lost medical records can cause significant issues. A medical professional may not be able to provide you with the correct care if they can’t access your medical records. In order to care for you correctly, they’ll likely need to know about your medication dose, diagnosis and symptoms.
Lost medical records can mean this information is inaccessible. Delays in treatment can occur due to this. This can be the case with private healthcare providers, GPs and NHS trusts.
Due to a ruling in the case of MGN Vs. Gulati & Others , it is now permitted to claim compensation for psychiatric suffering caused by a data breach without also having suffered financially. Prior to this ruling, you needed to have sustained a financial loss before claiming for psychological injuries.
If you have suffered due to lost medical records in a data breach, then the value of a claim can depend on factors such as the severity of your suffering. The figure that’s awarded to account for this suffering is called non-material damages.
It’s calculated in part by legal professionals using a publication called the Judicial College Guidelines (JCG), last updated in 2022. Due to a ruling made in the case of Google Vs. Vidal-Hall , the same publication is used when valuing certain payments in personal injury law. We have included some excerpts in the table below. This way you can gain a better understanding of the potential value of a lost medical records compensation amount.
It is also important to note that figures from the JCG are only applicable to data breach claims made in England and Wales.
|Post-Traumatic Stress Disorder||Severe||The person cannot work or live life the same as they did beforehand. Every part of their life has been impacted.||£56,180 to £94,470|
|Post-Traumatic Stress Disorder||Moderately Severe||Similar to above but a higher chance of recovery. However, there will still be significant impacts on their future as some symptoms will still be present.||£21,730 to £56,180|
|Psychiatric Damage Generally||Severe||Going to work and keeping healthy relationships with friends and family will be very difficult. The chance of recovery is low.||£51,460 to £108,620|
|Psychiatric Damage Generally||Moderately Severe||Life is impacted significantly but the chances of recovery are more promising than above.||£17,900 to £51,460|
|Psychiatric Damage Generally||Less Severe||The awarded bracket will depend on how severely areas of life are affected; for example, personal relationships, sleep and work.||Up to £5,500|
The awarded bracket is based on factors such as the severity of the injury and how long treatment takes.
Data breach claims are made up of one or two heads of claim: non-material damages and material damages.
Non-material damages offer compensation for how the data breach affects you mentally. For instance, you may develop anxiety.
Material damages provide compensation for the financial loss you’ve suffered because of the data breach. For example, you may have had your bank details accessed if you paid for your private healthcare and the provider kept your payment details. Furthermore, you may have paid out of pocket for extra medical appointments due to lost medical records.
However, it’ll be difficult to receive material damages without evidence of your financial loss. An example of proof you could give is bank statements. This could prove how much money you lost due to the data breach.
There are various causes of lost medical records, such as:
- Miscommunication between medical professionals: If different medical professionals miscommunicate, your medical records could be lost as a consequence. For example, a medical professional could relay the wrong information to another practitioner.
- Forgetfulness: If your medical records are in paper form, a handler may carry them around in a bag and leave them on a train by mistake (for example). If your data is online, a handler may forget to password protect the computer, allowing someone to access it and steal your medical records.
These are just a few examples of causes of the loss of your medical records. Our advisers can have a chat with you if you’ve suffered a data breach.
If your claim is legitimate, they can then connect you to a solicitor from our panel. They can then explore No Win No Fee agreements with you and begin your data breach claim.
Here are some examples of how GPs or hospitals can lose medical records:
- Delivering sensitive information to the wrong address: This could result in someone accessing your medical records without your consent or another lawful reason.
- Hacking: The handlers of your medical records may not have a sufficient amount of data protection in place. Insufficient IT security can make it easier for people to hack hospital records and steal your personal information.
Our advisers would be happy to discuss your case with you and figure out what your next steps may be. If you have grounds for a strong claim, they could then connect you to a lawyer from our panel to discuss No Win No Fee agreements with you.
The loss of your medical records can have significant impacts on your treatment.
It could lead to delays in treatment, incorrect diagnoses and even missed or late vaccines. For example, your doctor may forget to remind you that you’re due a vaccine or smear test, and therefore you may miss this.
If your medical report, including information about your last vaccine or smear test, is lost, your doctor may not know when you’re due another one.
Another example of a severe effect of your medical reports going missing could involve you having surgery. It’s important for your surgeon to be aware of any illnesses or old injuries you’ve sustained that could have an impact on your surgery. It can be dangerous if you receive surgery under these conditions.
The impacts of medical data breaches can be severe, so that’s why it’s important that medical professionals keep them safe and protected. If you’ve experienced lost medical records, you can contact our friendly advisers to discuss making a lost medical records compensation claim.
The data breach claims time limits differ depending on specific circumstances. In relation to public bodies, the time limit could be 1 year. Otherwise, the time limit could be 6 years.
If you’re not yet 18 years old, the time limit starts from the day of your 18th birthday. However, if you’d prefer, someone could act on your behalf as a litigation friend so that you can make a claim sooner than this.
For those who lack the mental capacity to claim, the time limit begins when your recovery commences. However, someone can act as a litigation friend to claim on your behalf if you don’t recover capacity.
To find out exactly how much time you have left to make a data breach claim, you can contact our advisers who can look at this for you. They’d be happy to help and offer you legal advice for free.
If you’d like to make a data breach claim, you should collect as much sufficient evidence as possible about the breach. For example, you could show any letters you’ve received informing you of the breach.
You can contact our advisers to receive free legal advice about your case. Next, if you have a favourable claim, they could connect you with a solicitor from our panel.
No Win No Fee agreements, sometimes referred to as Conditional Fee Agreements, have various benefits. This type of claim is a contractual agreement between you and your data breach lawyer. It sets out the guidelines your lawyer must follow to receive payment.
If your claim loses, you don’t have to pay any of your lawyer’s fees. If your claim wins, your lawyer will deduct a small, legally capped percentage from your compensation, known as a ‘success fee’. This will reflect the work your lawyer has put into your claim. In addition, you’ll be aware of the percentage before you accept the No Win No Fee agreement.
There’s little to lose with a No Win No Fee agreement, so why wait to find out more? Our advisers are always available to have a chat with you.
Once you’ve had a chat with an adviser, you’re under no obligation to continue with our services. However, if you have a strong claim, an adviser could connect you with a data breach lawyer from our panel to discuss No Win No Fee agreements with you and begin working on your claim.
Here, we have relevant guides that could help you further.
Advice On Claims Against The NHS For Medical Negligence: Have you suffered NHS medical negligence? Our guide looks at how you may be able to make a clinical negligence claim.
Is There A Time Limit To Make A Medical Negligence Claim?: Our article explains how long you have to make a medical negligence claim.
Medical Negligence Compensation Claims: Have you suffered medical negligence? Our guide discusses how you can make a medical negligence compensation claim.
How To Access Your Medical Records: If you’re wondering how to access your medical records, this NHS guide talks you through this.
Your Health Records: This NHS article explains what your health records include.
How Do I Get A Copy Of My Health (Medical) Records?: This NHS guide includes further information about how to get a copy of your medical records.
In this section, we look at commonly asked questions to do with data breaches.
How do you get a copy of your medical records?
To access your NHS GP records, you can register for GP online services.
How long do I have to claim for the breach?
The data beach claims time limit varies. For public bodies (such as the NHS) there’s a 1-year time limit. On the other hand, it’s 6 years for private healthcare companies. Why not get in touch with our advisers who can inform you of the time limits for your particular case?
What medical data could have been lost?
To find out what medical data could have been lost, you should contact the healthcare provider directly. Here are some examples of medical data:
- Lab results
- X-ray and MRI scan results
- Handwritten medical notes
- Consent forms
Thank you for reading our guide on lost medical records compensation.
Checked by HT