Nursing home data breaches can have a devastating impact on the victims. When victims are already elderly and vulnerable, the impact can be worsened.
As a leading consumer action and data breach compensation law firm, it’s important for us to make sure that people know their rights. If you or someone you know has been affected by a data breach involving a nursing home, there is action that you can take.
We may be able to pursue a claim for compensation for the victim on a No Win, No Fee basis.
Claiming for nursing home data breaches
Victims can be entitled to make a claim for compensation for nursing home data breaches. Where the breach has occurred as a result of negligence, that’s when there may be a legal case to make.
Nursing homes will store and process a wealth of incredibly personal and sensitive data for their residents. It may be medical information or sensitive domestic data, so any leak, breach or hack can lead to substantial distress for the victims.
Some examples where residents may be able to claim can include:
- Leaks by email or post where information is sent to the wrong persons;
- Data being leaked to other residents, perhaps by being left unsecured in a nursing home or where discussions are overheard;
- Information being accessed by staff without appropriate reason or authority to do so.
In a recent example, a member of the public reportedly found what appeared to be a discarded document that contained the information for dozens of disabled residents in Eastbourne. It’s understood that the document was found near a bin that had been knocked over.
Although it remains to be seen as to how this document ended up in or near a pubic bin, confidential data like this should never be discarded or disposed of in such a way. It should be professionally shredded. Of course, it may have been that the document was left somewhere and it has then been placed in a bin by someone else. Either way, this is n incredibly serious data protection breach.
Pursuing a compensation case
Making compensation claims for nursing home data breaches can sometimes be difficult. Given that the resident who may be the victim of the breach may already be vulnerable, the impact of an incident could be far worse for them.
Data breach compensation amounts are based on the extent and severity of any suffering caused. We can take into account the nature of the information exposed or misused, how much is involved, and who it has been exposed to or misused by. When we’re talking about confidential medical data and sensitive domestic issues, it could be that a breach of this nature could cause severe distress.
It may also be the case that the victim is unable to pursue the case themselves and you may be needing advice to take a claim forward on someone else’s behalf. Don’t worry, we can still help you. A formal authorised representative or “litigation friend” can be appointed to assist with the case and work with us to be able to bring the matter to a successful conclusion for the victim.
Free, no-obligation advice
Our team is more than happy to offer free, no-obligation advice for those affected by nursing home data breaches.
We can normally tell you right away if the case is one that we can take forward for you on a No Win, No Fee basis.
All you need to do is get in touch with the team and we will see if we can help you.
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 May 01, 2020
Posted in the following categories: Claims Government Healthcare Security and tagged with compensation | data breach | data leak | healthcare sector | medical data breach | medical records | nhs | personal data