If your medical records are lost, you may be entitled to bring a legal case for compensation as a result of any understandable distress that can be caused.
When we think of medical data breach compensation claims, many people think of the obvious exposure and misuse incidents. But the loss of medical records can still be a loss of control of personal and sensitive information, and such incidents must be treated with same seriousness. The distress that can be suffered can be just as bad, especially when people are left with no idea as to where their private data has ended up, and who may have seen it.
At the end of the day, lost medical information could end up in the wrong hands, and the same loss of control worries apply.
Claiming when medical records are lost
We may be able to represent you for a claim for compensation when medical records are lost, and we may also be able to offer you No Win, No Fee protection.
Whether it’s a case of records and information lost in transit, lost when being handled by staff, or where the underlying cause remains a mystery, you may be able to can bring a claim. Organisations who are responsible for data – whether it’s a GP or a hospital for example – have an important duty to protect the data they store and process. Losing data can be a breach of the GDPR and the preceding data protection legislation in force, and organisations must take responsibility when it’s their staff that lost important medical data.
Even when it remains a total mystery as to exactly what has happened to the lost data, you can still be eligible to bring a claim with us. Where there are added factors, like data not being encrypted, the distress can be worse given that the medical data could be easily accessible by anyone.
What do you claim for?
When medical records are lost, this can cause a significant amount of distress. This can be the case more so for vulnerable individuals like children, or where your medical records contain a great deal of personal and sensitive information.
Not everyone has a large or sensitive medical history, but that doesn’t mean that you can’t claim. If the lost information causes you distress, which is often measured on how an incident affects different people, you can bring a claim. And where lost information is particularly sensitive – perhaps because you have a medical status that is confidential – the distress can be greater.
Any data breach compensation amounts that we value when it comes to pay-outs, offers and settlements are based on how the person has been affected. We take into account things like the nature of the information that has been lost, and how it has affected the individual.
Making a claim when medical records are lost
To make a claim for data breach compensation when medical records are lost, make sure you speak to our team for free, no-obligation advice.
Medical data claims are one of the most common types of individual cases that we take forward. With medical information being some of the most personal and sensitive that there is, the distress that can be caused can be significant.
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 November 26, 2019
Posted in the following categories: Claims Healthcare Security and tagged with data breach | data controllers | data leak | employee breaches | medical data breach | medical records | nhs | personal data