If your medical records have gone missing as a result of wrongful conduct, you may be able to claim compensation. Your medical records could be stored and processed by a number of organisations, including dental surgeries, private healthcare facilities, or NHS trusts.
This guide will explain how medical records going missing could be a breach of your personal data, who is eligible to make a personal data breach claim, and how compensation is calculated.
Our team of advisors can provide more information on starting your personal data breach claim and may be able to put you in touch with a solicitor from our panel. Get in touch today by:
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- What Can I Do If My Medical Records Have Been Lost In The UK?
- How Could Medical Records Going Missing Impact You?
- Ways In Which Medical Records Could Have Gone Missing
- Types Of Healthcare Records
- Medical Records Gone Missing Compensation Calculator
- Speak To Us About Medical Data Breach Claims
The UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA) protect personal data, which is generally any processed information that can identify you, such as your name, address, DOB, or National Insurance number. However, data protection laws give added protection to sensitive personal data. This is known as special category data.
Special category data is personal data about your religious or philosophical beliefs, trade union membership, ethnicity, sexual orientation, or sex life, as well as health data.
Any security incident in which the confidentiality, availability, or integrity of your personal data has been affected is known as a personal data breach.
When making a personal data breach claim, you may need to know the following time limits. Generally, the time limit for beginning a personal data breach claim is 6 years, but this reduces to one year if the claim is against a public body. For example, this could be a local council.
To learn more about what you can do if your medical records have gone missing as a result of an organisation’s failings, get in touch with our advisors.
There are many ways that your medical records going missing in a personal data breach could impact you. For example, you may experience psychological harm, including stress, anxiety, depression, or PTSD, knowing that your most intimate personal health details are at risk of exposure or being accessed by unauthorised parties.
According to the NHS, your medical records could include personal data such as:
- Your full name, address, and phone number
- Current or previous health conditions and treatments
- Specialist care records, for example, mental health treatments or maternity care
- Hospital admittance/discharge information
If this data is compromised, it could cause significant psychological harm.
Call our team of advisors if have been affected by your medical records going missing.
There are several ways a personal data breach could occur. For example, your medical records could go missing as a result of human error, such as being filed in the wrong place or shredded by mistake. Or they could be involved in a cyber attack, such as malware or ransomware.
Below we look at how your medical records could go missing in a personal data breach incident:
- A device that contains your medical records could be lost or stolen
- Destroyed, deleted or altered accidentally or unlawfully
- They could be stolen from an unlocked filing cabinet.
However, not all cases of medical records going missing can form the basis of a compensation claim. A valid personal data breach claim will mean proving the following;
- The organisation that was responsible for your personal data failed to comply with the UK GDPR or DPA,
- This led to a data breach that comprised your personal data, and
- As a result, you suffered financial and/or mental harm.
For more information on whether you can make a claim if your medical records have gone missing as a result of a personal data breach, get in touch with our team today. They can provide free legal advice and further guidance surrounding your claim.
Healthcare records are a way of documenting illnesses, treatments and other administrative activities. Medical professionals use these to assess patients in their care, provide treatments, and give accurate diagnoses. Some examples of different types of medical records include:
- Dental records
- Prescriptions and patient charts
- Optician patient records
- Sexual health records, including tests, results, and status
- Reproductive health records, including information on fertility treatments or maternity care
- Pharmacy records, which may detail your current or previous prescriptions
Call our advisors to find out if you can make a personal data breach claim if your medical records have gone missing.
There are two main areas for which you can receive compensation:
Material damage is the financial losses you suffer due to a personal data breach. This could include money that has been taken illegally from your bank accounts, purchases that are fraudulently made on your credit card or loans taken out in your name.
The Judicial College Guidelines are often used when calculating an amount for the suffering caused by personal injury, medical negligence, and data breaches. The figures presented in the table are from the guidelines by the Judicial College for 2022.
|Amount Brackets Figures From the JCG
|Reactive Psychiatric Diagnosis: Severe
|£59,860 – £100,670
|Effects of the illness are permanent and prevent function at the pre-trauma level.
|Reactive Psychiatric Diagnosis: Moderately Severe
|£23,150 – £59,860
|After professional help has been sought there is a chance for a more positive prognosis.
|Reactive Psychiatric Diagnosis: Moderate
|£8,180 – £23,150
|A person is largely recovered although they still may experience effects that are not grossly disabling.
|Reactive Psychiatric Diagnosis: Less Severe
|£3,950 – £8,180
|A near full recovery has been made within a 2 year period.
|Recognisable Psychiatric Injury: Severe
|£54,830 – £115,730
|Marked problems with the ability to cope with education or work, as well as an effect on relationships.
|Recognisable Psychiatric Injury: Moderately Severe
|£19,070 – £54,830
|A long-standing disability but the person has a much more positive optimistic prognosis than in the section above.
|Recognisable Psychiatric Injury: Moderate
|£5,860 – £19,070
|Marked improvements has been made by the time of trial.
|Recognisable Psychiatric Injury: Less Severe
|£1,540 – £5,860
|There would be a consideration into the length of disability and the extent to which the daily activities and sleep routines have been affected.
The table only looks at non-material damage it does not include any material damage payments.
For a free estimate of what your personal data breach claim could be worth, get in touch with our advisors.
Conditional Fee Agreements (CFA) are a form of No Win No Fee arrangement. Under a CFA, you can access legal representation without having to pay your solicitor any upfront or ongoing fees. However, if your claim is successful, your solicitor will take a success fee. This amount has a legal cap, which helps to ensure that you get the majority of your compensation.
Get in touch with our advisors if you want to start your personal data breach claim today. Our advisors can provide more information and answer any questions you may have.
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My Medical Records Have Gone Missing – How Could You Help Me?
For more helpful personal data breach claims guides, we recommend:
Or, for more information:
- ICO – Report a breach
- ICO – How to minimise the risk of a personal data breach happening
- ICO – Make a complaint
Call our team today if your medical records have gone missing and you would like to make a data breach claim.