Missing Medical Records – How To Claim Data Breach Compensation

missing medical records

Missing medical records data breach guide

By Danielle Newton. Last Updated 27th September 2023. Missing medical records can lead to a number of negative consequences, some of which can have a lasting impact on your life, finances, and relationships.

If you are a resident of the UK, your personal data is protected by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). If a data controller or data processor fails to handle your personal data in accordance with this legislation, then you may be eligible to make a compensation claim. We will explain the roles of data controllers and processors later on in this guide, along with the definition of a data breach and what counts as personal data.

Contact our team of advisors today to learn more about making personal data breach claims. They can provide a free consultation along with free legal advice, and could potentially connect you with a solicitor from our panel. To get in touch:

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What Is A Missing Medical Records Data Breach?

Your medical records can contain a wide range of personal data. This can vary from your name, date of birth and postal address, but it can also include your special category data. This is a kind of personal data that needs extra security, because the nature of this data is sensitive.

Special category data includes your racial or ethnic origin, your religious or philosophical beliefs, and your sexuality, as well as your health data. This includes illness data, and other information that could be included in your medical records.

If a security incident compromises the integrity, availability, or confidentiality of this data, then this is a personal data breach. For example, the loss of your medical records would affect their availability, and potentially their confidentiality.

When Can You Make A Data Breach Claim?

Under Article 82 of the UK GDPR, only certain claims for personal data breach compensation are valid. This is because, in order to claim, your case must meet the criteria laid out by legislation. These criteria include:

  • Your personal data has to be affected by the breach
  • It must cause you to experience harm
  • The breach must occur due to the organisation’s failings

To learn more about making a claim for missing medical records, get in touch with our team of advisors today.

Types Of Medical Records That Could Go Missing

There are many different kinds of medical records, and all could contain both personal and special category data. For example, your data could be found in your:

How Could A Missing Medical Records Data Breach Occur?

As we have already mentioned, certain criteria is in place for making a personal data breach claim. With this criteria in mind, you can find some examples of a missing medical records data breach below:

  • Misdelivery: One example of human error could be if your medical records were sent to the wrong address. If this causes you harm, then you may be able to claim.
  • Cyberattack: Organisations that process your personal data must ensure that they have adequate cybersecurity measures in place. If they don’t, and this allows cybercriminals to steal your medical records, you may be able to claim.
  • Theft: If your medical records are stored on a device that is lost or stolen, for example, a stolen phone or a stolen computer, then this could result in your medical records going missing.

Get in touch with our team of advisors today to learn more about claiming for a breach.

Who Could Have Caused The Data Breach?

There are two parties that are responsible for handling your personal data; these are data controllers, and data processors.

Data controllers establish the purposes for which they intend to collect and process your data. They are also responsible for establishing a lawful basis for processing.

Data processors are responsible for processing the data. They do so by following the controller’s instructions.

Some examples of organisations that could process your medical records include:

These are just a few examples of organisations that could handle your medical records. To start your claim, get in touch with our advisors today.

Lost Medical Records Compensation – How Much Data Breach Compensation Could I Receive?

If your data breach claim is successful you could be awarded loss medical records compensation. The settlement you receive could will compensate you for two types of damage suffered due to your health data being compromised. These are non-material damage which refer to the mental health impact caused by the data breach and material damage which refer to the financial losses caused by the data breach. 

When valuing data breach compensation for non-material damage, legal professionals can refer to the Judicial College Guidelines (JCG). This document list guideline compensation amounts for various mental health injuries. 

In our table below, we look at figures given for psychological injuries from the 16th edition of the JCG. It is only to be used for guidance.

Type Of Harm Comments Bracket
Psychiatric Injuries – Severe Significant difficulties in dealing with many parts of day-to-day life, such as continuing in employment or education. Relationships could be affected, and there is a poor prognosis. £54,830 to £115,730
Psychiatric Injuries – Moderately Severe Significant difficulties in dealing with many parts of day-to-day life, although the prognosis is better in this bracket than in the case above. £19,070 to £54,830
Psychiatric Injuries – Moderate Symptoms are significantly improved in this bracket, which allows for a good prognosis. £5,860 to £19,070
Psychiatric Injuries – Less Severe This bracket considers the length of time you are affected by symptoms and how these symptoms affect your day-to-day life and activities, such as sleep. £1,540 to £5,860
Post-Traumatic Stress – Severe Permanent effects are severe enough to prevent the person from functioning or working at the level they did before the trauma. £59,860 to £100,670
Post-Traumatic Stress – Moderately Severe These symptoms can show some improvement with professional treatment, which allows a better prognosis. £23,150 to £59, 860
Post-Traumatic Stress – Moderate The person will largely have made a recovery, and only non-disabling effects will remain. £8,180 to £23,150
Post-Traumatic Stress – Less Severe Within 1-2 years, a virtually full recovery will occur. The only symptoms that will go on following this recovery will be minor. £3,950 to £8,180

As part of your settlement, you may receive compensation for your material damage. For example, if criminals were able to gain access to your bank account, they could have spent the funds or loans may have been taken out in your name. 

An advisor from our team can discuss your potential compensation for your lost medical files. Get in touch using the details at the top of the screen. 

Start Your Claim For A Missing Medical Records Data Breach

If you have suffered harm because of missing medical records, then you may be eligible to make a No Win No Fee personal data breach claim. This can seem stressful, but a solicitor from our panel could be able to help. With the help of a Conditional Fee Agreement (CFA), you could access expert legal representation and help with your claim. Typically, under a CFA, your solicitor will begin work on your claim without receiving a success fee. 

A solicitor who works under a CFA will not request a fee unless your claim is a success. This success fee is a legally-capped percentage of your compensation award. But, if your claim fails, then you will not be expected to pay your solicitor for their work on your case.

To see if you are eligible to make a medical records data breach claim, please contact us today:

Related Medical Data Breach Claims

You may find this information helpful if you want to know more about making a personal data breach claim:

Or, for more helpful resources:

Please contact us today if you want to know anything else about claiming compensation for a missing medical records data breach.

Article by EA

Publisher AA