Any data breach involving medical test results can be significant. Victims can be entitled to justice with us on a No Win, No Fee basis, and we may be able to help you.
What we need to do is assess the case to see if we think that you have a good enough chance of succeeding with the claim. In this article, we will briefly look at when you may be able to claim, what you can claim for, and how you can speak to the team for free advice today.
As a leading firm of data breach and consumer action lawyers, we are here to help you.
When can you claim data breach compensation?
If your medical test results have been misused or exposed, you could be entitled to claim data breach compensation and we may be able to offer No Win, No Fee representation.
There are many ways it can happen that may make you eligible to take legal action. Whether a general data breach has occurred, a leak has happened, or information is involved in a cyberattack, the law can allow you the right to claim.
Examples where you may have a claim can include:
- Test results being sent to the wrong person in error;
- Results sent to a company or another business or organisation in error;
- Cyberattacks that lead to results being exposed;
- Employees accessing information without reason or authority to do so;
- The incorrect test results being issued;
- Results or information sent by mass email to multiple recipients, or where data is grouped together in the post in error.
Medical data breach compensation claims are one of the most common types of individual cases that we deal with here. These kinds of scenarios outlined above can be surprisingly common and the impact for the victim can be devastating. The organisation responsible for the breach can be the NHS, a private GP, another kind of doctor, or even a private company storing or processing the data. It can also include employers, councils and insurers if they are using the data.
Whoever is responsible for the breach is usually where a case can be directed to.
What you can claim for
The impact for the victim when medical test results have been subject to a data breach can be devastating. We know first-hand, having represented so many people for singular and group claims, just how bad a case can be when it involves this kind of healthcare information. Some breaches will include incredibly personal and sensitive healthcare data and protected medical statuses. Data breach compensation pay-outs in such cases can be high.
In terms of what you may be eligible to claim for, we normally look at two key headings:
- General Damages, which is the distress you suffer as a result of the loss of control of your personal information. The GDPR can allow you to claim for the distress alone so you do not have to have suffered an actual financial loss or expense to be eligible to make a claim;
- Special Damages, which is for losses and expenses if they apply.
We have settled cases for what can be deemed as minor medical data breach cases in the thousands of pounds mark, but they can easily be valued at in excess of £10,000.00 or £20,000.00. It all depends on the severity of the breach for the victim, and we can consider factors such as the nature of the data involved; how much information has been exposed or misused; who is involved in the breach; and the personal impact for the victim.
Suffered due to an issue with medical test results?
If you have suffered as a result of a data breach, information leak, the misuse of private information, or data exposure from a cyberattack, we may be able to help you. If it involves medical test results, know that we have considerable experience in this area of law and specifically for representing people for cases where this has happened.
Our experience goes back over five years just for data protection breach claims alone, which is far greater than most other firms. As such, you know you can trust us based on our enviable history in this complex and niche area of law which we have specialised in for a long time now.
To speak to the team for advice, on a free and completely no-obligation basis, please get in touch with us when you’re ready.
IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.
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First published by Matthew on June 24, 2020
Posted in the following categories: Claims Healthcare and tagged with compensation | data breach | healthcare sector | medical data breach | medical records | nhs | personal data