NHS Data Breach Compensation
"NHS data breach compensation claims are unfortunately common. Victims can be entitled to compensation. We offer No Win, No Fee representation, and confidential advice on a no obligation basis."
Are You Entitled To NHS Data Breach Compensation?
You may be entitled to NHS data breach compensation if your information has been leaked, hacked, or misused by the NHS.
Common examples include:
Your medial records or medical data may have been leaked by accident. This could be an email sent to the wrong recipient that contains your medical data, or your medical data being accidentally sent to someone else with a similar name to yours.
Just because an organisation or a person asks for access to your medical data doesn’t give them the legal right to have it. In most circumstances, you must have consented to your medical data being disclosed.
This was the big issue at the heart of the NHS digital data breach group action we’re helping victims for. Patients had asked for their medical data to not to be disclosed and used for research and auditing, but their wishes were not honoured due to a system failure.
Hackers target medical data because it can be easier to compromised.
The massive 2017 WannaCry incident showed just how vulnerable the NHS is when GP surgeries and hospital departments were left unable to help people.
The malicious WannaCry software specifically targeted older and outdated systems because they can be more vulnerable to compromise. With the NHS often left with outdated equipment, some systems didn’t have the latest security software to defend such an attack.
Worryingly, there has been a significant number of incidents where NHS staff have “snooped” on a friend’s or neighbour’s medical records out of curiosity, or in some cases, for more sinister reasons.
The UK’s data watchdog, the Commissioner’s Office, was forced to issue a caution due to the number of cases being referred to them.
This behaviour is not OK at all. If someone accesses your medical records without reason and without authority, you can be entitled to NHS data breach compensation.
One of the most famous cases of this happening was the Ed Sheeran data breach incident, where his medical data was accessed by curious hospital staff after treatment had been provided.
What Can You Claim For In An NHS Data Breach Compensation Case?
There can be a lot to consider when you make a claim for NHS data breach compensation. A damages claim is designed to put you back in a position you were in prior to the incident occurring, but where a broken arm can heal, and a muscular injury can fade, compromised data can be a permanent issue.
Medical data is private and sensitive, and there’s a reason why most of us do not want the information contained in our medical records to be seen or accessible to anyone. Any data breach can be serious, but where the data breached is personal and sensitive medical records, the impact for the victim can be severe.
In some cases, once the data is compromised, it can be impossible to undo the damage.
The 56 Dean Street Clinic leak we’re representing victims for was one of the more serious data breach actions we’ve been involved in, where the confidential HIV status of almost 800 patients was leaked in an email by mistake. There is simply no way we can reverse the fact that hundreds of confidential medical statuses are now compromised, but we can ensure that victims receive compensation.
In an NHS data breach compensation claim, you could be eligible to claim for:
- Financial losses, if applicable
- Aggravated and exemplary damages in addition to damages for distress, financial loss, because of the sensitive nature of medical data
A victim claiming for NHS data breach compensation can be entitled to such damages under the Misuse of Private Information and for breaches of the of Data Protection Act 1998, as well as for breach of confidence. Medical data is information that is private and protected, and the expectation is that it would remain private and would not be disclosed without authority.
NHS data breaches can also amount to a breach of the duty of confidentiality enshrined within the Doctor-Patient relationship as well.
Claiming NHS Data Breach Compensation
WE OFFER NO WIN, NO FEE REPRESENTATION FOR NHS DATA BREACH COMPENSATION CASES
As a victim of a data breach, it’s important to make a claim for NHS data breach compensation given the private and sensitive nature of the information that has been compromised.
Billions of medical records have been compromised worldwide as a result of inadequate policies and procedures, poor cybersecurity and the increasing dangers of outsourcing.
NHS data breach compensation claims are one of the most common types of cases our Data Leak Lawyers represent individuals for. We’re also fighting in over 20 different data breach group actions, so get in touch with us to find out if we can help you too.
You can contact our team for free, no obligation advice today.
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