Medical Data Breach compensation claims are some of the most severe types of cases our specialist lawyers represent people for.
There Can Be A Number Of Circumstances Where You May Be Entitled To Make Medical Data Breach Compensation Claim.
These can include the following types of cases outlined below:
There are a number of ways medical data can be leaked. Medical data accidentally being published online or being accessible online due to the data not being encrypted when it's stored online has happened before.
One of the more common scenarios is where medical data is sent by email or by post to the wrong recipient(s). An infamous example of this is the 56 Dean Street Clinic leak, which we're acting for a number of victims for. You'd be surprised as to how often that can occur, and you may be eligible to make a claim for medical data breach compensation if this has happened to you.
Staff leaking data to others by discussing medical issues in front of other people, or by disclosing medical data when they shouldn't have, is also a common one. People need to be aware of their surroundings and they need to ensure that medical data being discussed is treated with absolute confidence.
Some data can end up abandoned by accident as well. This can include medical records being accidentally left in a public place when it's in transit, or where the data is being used by a member of staff outside of their usual place of work.
One of the biggest cybersecurity incidents the NHS faced was the 2017 WannaCry attack. This ransomware attack targeted older systems and outdated software, which can be more vulnerable to breach because it may not be patched up with the latest security updates. After a while, a lot of older software isn't patched up because the developers don't focus on patches for systems and software that's practically redundant. This means that the use of out-of-date tech can be dangerous, and cybercriminals do look to exploit this.
There's no excuse for failing to keep data secure. Systems and servers that hold medical data must be equipped to keep the data safe and secure from outside threat actors trying to access it.
In the hands of criminals, victims of a medical data hack could be targeted for fraud, and ransom demands could be made to destroy or return stolen data. That's why victims of cyberattacks can be entitled to make a claim for medical data breach compensation.
Medical staff have a lot of access to a wealth of personal and sensitive data, and they should only access and process it when they have a legitimate need to.
The UK's data watchdog - The Information Commissioner's Office (ICO) - has prosecuted a number of individuals who have been found guilty of accessing records and information without any need to do so. In most cases, it's a case of staff accessing the records for people they know; like partners, former partners, friends and neighbours. It's often a case of "snooping" on the medical histories of people they know.
This is completely wrong, and medical staff can be fined and prosecuted for offences related to the misuse of data in this way. That's why victims of cyberattacks can be entitled to make a claim for medical data breach compensation.
If any of the above scenarios apply to you, or if you think your information has been compromised or exposed in any way, you could be entitled to make a claim for medical data breach compensation.
There are a number of organisations who you may have a claim against if your medical data is ever exposed. These can include:
Many other organisations may also hold medical data about you. These can include employers, councils, the government and even solicitors like us who often have to have copies of our clients' medical records. All data should be kept secure, but medical data is often far more personal and more sensitive, which is why it should always be treated as a priority.
And it doesn't just have to be your medical records that are directly exposed. If you're attending a particular health clinic, and the fact that you use the clinic is exposed, this can be enough for the exposure to identify you as having a particular need or having a particular medical status. In those circumstances you may also be entitled to make a claim for medical data breach compensation.
If you're eligible, we may be able to offer you No Win, No Fee representation when making a medical data breach compensation with us. This means that you don't have to pay our legal fees if the case doesn't succeed and you've complied with the terms of our agreement.
When we make a claim, we can look at several factors as to how the incident may have caused distress and harm to you. These usually include:
Generally speaking, the more you suffer, the more you may be able to claim. With medical data often being so personal and sensitive, these kinds of cases can lead to higher compensation awards.
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