This guide will explain the action you could take if a Liverpool hospital data breach were to happen, causing you to be harmed. We will look at what personal data is and the protections it is offered.
Furthermore, we’ll look at some of the ways a data breach in this sector could occur and the impact it could have. This guide will also refer to the different heads of claim that your settlement could be made up of and how these are valued.
In conclusion, we offer guidance on how a No Win No Fee data breach solicitor could help you launch a claim if you were harmed after your personal data was exposed in a breach. As you read the sections below, please feel free to get in touch with any questions. Simply:
Choose A Section
- What Is The Eligibility Criteria To Claim If You’ve Suffered From A Liverpool Hospital Data Breach?
- What Is A Liverpool Hospital Data Breach And When Can You Claim?
- Potential Evidence In A Data Breach Claim
- What Compensation Could You Receive From A Breach Of Data Protection Claim?
- Use Our Panel Of No Win No Fee Solicitors To Claim Compensation
- Read More About Claiming For A Liverpool Hospital Data Breach
In order to make a claim after a data breach, you will need to show that your personal data was exposed because of the wrongful conduct of the party tasked with protecting it. You’ll also need to show that this caused you psychological injuries and/or financial losses.
Personal data is defined as any processed information that can be used as a way of identifying you, alone or when combined with other information. For example, this could include your name, address, telephone number or email address.
A hospital may also need to hold or process data that relates to your health. This is considered special category data that requires more protection because it’s more sensitive than other kinds of personal data. You could be entitled to claim for a breach of sensitive data.
Two pieces of legislation protect the data rights of individuals in the United Kingdom. The Data Protection Act 2018 (DPA) alongside the UK General Data Protection Regulation (UK GDPR) outline how personal data should be handled.
These laws are enforced by an independent watchdog called the Information Commissioners Office (ICO) which can issue penalties against those who fail to properly protect data this way.
A personal data breach can be defined as any incident that impacts the availability, confidentiality and integrity of your personal data. If you have been affected by a breach of your personal data, speak with a member of our team today.
Are You Able To Claim After A Data Breach By The Liverpool University Hospital Foundation Trust?
An investigation has been launched after the salary details of 14,000 Liverpool University Hospital Foundation staff were accidentally emailed to managers at the Trust.
Those affected by the incident were made aware of the incident via letter. The Trust also reported itself to the ICO.
Below are some examples of how a hospital could expose your personal data:
- Letters containing protected medical data can be posted to the incorrect address causing a breach of information
- An email could be sent to multiple recipients, but each recipient can see the email address of everyone else because of a failure to use the BCC
- Information is sent to the wrong email address despite the right one being on file
If you would like information on the steps to take should a Liverpool hospital data breach cause you harm, speak with a member of our team today.
Evidence is an important factor in making a claim. We have included guidance below about the kind of proof you could obtain:
- Keep all correspondence about the data breach. If a breach has occurred that threatens your rights and freedoms, then you should be told about this without undue delay.
- Medical records if you have had counselling (for example) to cope with any impact on your mental health.
- Receipts and bills that show incurred expenses.
- Communication with the ICO. You don’t need to report to them in order to claim, but if you do and they decide in your favour then this could support your case.
A member of our team can assess the validity of a potential Liverpool hospital data breach claim. Speak with us today for free advice.
A successful data breach compensation award could be made up of two heads of claim. The first of these could compensate for non-material damage, which is the mental injury, distress and anxiety that the breach has caused. A data breach could also cause post-traumatic stress disorder or cause someone to feel suicidal.
A legal professional refer to a publication called the Judicial College Guidelines to help them value this head of claim. Below, we have included some of the entries that you could use to see how much your claim could be worth:
|Type of Injury
|Severity & Award Bracket
|General Psychiatric Damage
|(A) Severe – £54,830 to £115,730
|Significant effect and a poor prognosis for the person in all areas of life (for example, work, relationships and education)
|(B) Moderately Severe – £19,070 to £54,830
|A better long-term prognosis indicated than in more serious cases but still with significant issues in all areas of life
|(C) Moderate – £5,860 to £19,070
|There will have been the sort of problems as can be found in more serious cases, but will a good prognosis.
|D) Less Severe – £1,540 to £5,860
|Awards here depend on length of illness and associated issues such as sleep disturbance.
|Post-Traumatic Stress Disorder (PTSD)
|(A) Severe – £59,860 to £100,670
|Permanent trauma impacts that effect all areas of life and prevent a return to work
|(B) Moderately Severe – £23,150 to £59,860
|Significant severe impact but better prospect of recovery with treatment. Significant disability for a foreseeable amount of time.
|(C) Moderate – £8,180 to £23,150
|The person will have largely recovered with continuing effects being manageable
|(D) Less Severe – £3,950 to £8,180
|Almost a complete recovery seen within a 2 year period, any persisting issues beyond this are minor.
These figures are only intended to be guidelines.
Claiming For Material Damage After A Healthcare Data Breach
Material damage refers to the financial impact that the breach caused you. Documented proof such as wage slips and invoices can be used to show any out-pocket costs associated with the breach. You may be able to recover this head of claim if:
- Money was stolen from your bank accounts or credit cards
- Fraudulent loans or lines of credit were set up in your name
- Your credit score was damaged
- You lost income because of time off work with stress.
If you are wondering how much your settlement could be worth in a claim for a potential Liverpool Hospital data breach, get in touch today.
If you would like professional guidance assembling all the proof for your claim, a data breach solicitor could help. We can connect you with a member from our panel of solicitors who offer No Win No Fee contracts, in particular a Conditional Fee Agreement (CFA).
Firstly, with this in place, there is no requirement to pay any upfront or ongoing fees for the solicitor’s services. If your claim is a success, a legally restricted amount is deducted from the compensation award. Claims that do not have a successful outcome typically mean the solicitors request no payment at all for their services.
To find out more about the benefits offered by a No Win No Fee data breach solicitor, get in touch with us now. You can:
The resources below offer further reading on the topic of a data breach:
- Claiming after a gas company data breach
- Can I claim after a disciplinary investigation at work data breach?
- Your rights after a private healthcare provider data breach.
We have also included the following useful resources:
- The latest cyber security breaches survey
- Guidance for the public from the ICO
- Lastly, tips for staying safe online from the National Cyber Security Centre
If you have any questions about the steps to take should a Liverpool hospital data breach occur, speak with a member of our team today.
Guide by JW
Edited by FS