Abandoned medical records – claiming compensation

A previous report revealed that boxes of paper patient records and staff notes were reportedly left unsecured in a Norfolk care home following its closure several years previously. Despite past assurances of onsite security measures for the unoccupied building, it was possible for a local reporter to apparently walk onto the site through an open door, after which they found hoards of abandoned medical records left inside.

This was an example of how this kind of event could easily happen, though it was completely avoidable. Such violations of data protection law are always unacceptable, but they are particularly concerning where such sensitive information is involved.

We trust healthcare providers to do their utmost to protect our private data, so it is shocking that an organisation would neglect its data protection duties in these circumstances.

The abandoned medical records at Pine Heath

Pine Heath nursing home was reportedly shut permanently in 2017 following a review by the Care Quality Commission, which reportedly led to the centre being branded ‘inadequate’ and placed in special measures. For former residents and their families, the news that the care providers then also failed to protect personal information in addition to failing to provide appropriate care was likely very distressing to hear.

Following an alert from a resident, who raised concerns about the unsecured building, a local reporter went to investigate the scene, finding that they were able to enter Pine Heath with ease. Upon entering, the reporter found piles of discarded documents, with the records spanning over a decade of care history.

The abandoned medical records reportedly included care plans which had former residents’ photographs attached to them, as well as the wallets and loyalty cards of those who used to live at the care home. The files were also understood to have included staff records, such as holiday and sickness forms, notes from meetings, and P45s.

Letters from the Care Quality Commission were discarded elsewhere alongside a complaints book, both of which could contain highly sensitive information given the conclusions of the investigations into Pine Heath’s standard of care.

The implications of abandoning sensitive documents 

The abandoned medical records at Pine Heath were seemingly free for anyone to access given the lack of security at the home. If stolen, the records could have potentially been published online, or used for the purposes of scams and blackmail.

Moreover, given the laws governing how long personal information can be kept by data controllers, it is likely that many of the records kept in the care home should have been destroyed. The abandoned medical records indicated that the former care providers at Pine Health failed in terms of security measures and basic data protection procedures.

Medical data breach compensation claims

Whether your medical records were abandoned, sent to the wrong person, or exposed online, you may have a right to hold your healthcare provider accountable if they have breached data protection law. For those who have had their data security compromised by a private provider or the NHS, compensation pay-outs can be recovered via data breach claims.

To hear more about the claim process from our expert team, contact us directly today or register for a call-back to receive free, no-obligation advice.

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