Solicitor Breached My Medical Records – Could I Make A Compensation Claim?

Solicitor Breached My Medical Records - Could I Make A Compensation Claim

Solicitor Breached My Medical Records – Could I Make A Compensation Claim

Has your solicitor breached your personal data by sending your medical records to the wrong person? Are you looking to see whether you can make a personal data breach claim because this breach has caused you to suffer mentally or financially? Throughout this guide, we will discuss the concept of a personal data breach, look closely at the eligibility criteria and illustrate compensation guidelines.  

Data protection legislation, as you will see in our next section, gives you rights should an organisation or company, such as a law firm, breach your personal data, i.e.a lawyer data breach.

 Additionally, personal data is any information that can be used to identify a person. For instance, their name, debit card, email address, or phone number.

If you would like to speak directly to an advisor from our team, you can do so. They are available to help 24 hours a day, 7 days a week, offering free legal advice. 

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Select A Section

  1. Solicitor Breached My Medical Records Compensation Claims Guide
  2. What Medical Data Could Have Been Breached?
  3. The Legal Right To Claim
  4. How To Claim If A Solicitor Breached Your Medical Records
  5. Solicitor Breached My Medical Records Compensation Payouts
  6. Speak To An Advisor About No Win No Fee Agreements

Solicitor Breached My Medical Records Compensation Claims Guide 

Two central pieces of legislation establish data controllers or processors’ responsibility when handling personal data. They are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. A data controller is often a company or organisation that has control and responsibility over the means of data processing, while the data processor may be hired to do the processing. The legislation states that organisations are responsible for protecting both physical and digital personal data that they process and store.

But how could a solicitor have breached your medical records? Here we give three examples of how a solicitor could have caused a personal data breach;

  • A solicitor could have faxed your medical records to the wrong recipient
  • Or failed to redact medical information before sending
  • An email containing your medical records was sent to a person who had no authority to see them.

However, not all data breach victims will be eligible to make a personal data breach claim. In the sections below, we look closely at the criteria set by the UK GDPR for making a personal data breach claim. 

There are many steps you can take to help protect your own data. For instance, changing passwords frequently, keeping an eye on bank accounts and credit reports, and being vigilant and aware of scams. 

If a solicitor has breached your medical records and this has consequently led to you suffering mental or financial harm, please get in touch with our advisors for free legal advice.

What Medical Data Could Have Been Breached? 

You now know that personal data can be any information that can be used to identify a person.

Furthermore, health data is a type of personal data that is provided more protection as it is considered special category data. 

Health data can include personal information relating to: 

  • A person’s past, current, or future medical status. 
  • Details of any medical conditions 
  • Details of tests or treatments 
  • Any personal data that reveals anything about a person’s health 

To find out if you have a valid personal data breach claim following your solicitor breaching your health data contact our advisor’s now for a free case assessment.

The Legal Right To Claim 

So you may wonder if not every data breach victim can make a personal data breach claim, then who is eligible to? Under Article 82 of the UK GDPR, the criteria are set. 

To hold a valid personal data breach claim, you must meet the criteria below;

  1. The data controller or processor failed in their obligation to protect your personal data according to data protection legislation.
  2. This failure to adhere led to a data breach that involved your personal data, and
  3. As a result, you went on to suffer a mental health condition. For example, sensitive data such as your medical records being exposed could see you suffer from distress, anxiety, or depression. Or you suffered financially. Such as money being stolen from your bank account after your banking details were exposed. 

Call our claims team today, and through a free consultation that carries no obligation to make a claim, they can provide a free case assessment to test the eligibility of your case.

How To Claim If A Solicitor Breached Your Medical Records 

If a data controller has suffered a data breach that infringes on your rights and data freedoms, then they not only have to inform you without undue delay they must report this to the Information Commissioner’s Office ICO within 72 hours of discovery. The ICO are the independent body for upholding data rights. 

If you discover a data breach yourself, you could complain to the data controller and ask them if your data has been breached, if so, what data was involved and what they intend to do to rectify the situation. If you are not satisfied with the response, you can escalate the complaint and also complain to the ICO. Whilst the ICO cannot award compensation, they can pursue an investigation.

Seeking legal advice at any stage can be advantageous, and a data breach solicitor can assess the validity of your claim. Why not call our advisors today to see if you have a valid claim?

Solicitor Breached My Medical Records Compensation Payouts 

If your claim following a solicitor breaching your medical records is successful, you could receive compensation for two areas;

You could be compensated for the non-material damage you have suffered as a consequence of your data being breached, for example, psychological injuries that are sustained due to the data breach. 

To help you understand how compensation amounts are worked out, we have taken amount brackets from the Judicial College Guidelines (JCG). Solicitors use the JCG to hone in on a value for non-material damage.

It must be stated that each data breach claim is unique. Therefore, these figures are not guaranteed and should only be used as a rough guide. 

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Injury Severity Compensation Bracket Details
Psychological damage (generally) Severe £54,830 to £115,730 All parts of a person’s life will be negatively impacted and the overall prognosis is poor.
Psychological damage (generally) Moderately Severe £19,070 to £54,830 There may be severe issues dealing with everyday life tasks, for instance, employment or education.
Psychological damage (generally) Moderate £5,860 to £19,070 There will have been problems coping with everyday life, relationships and employment, however by the time the case may go to trial there will have been marked improvements.
Psychological damage (generally) Less Severe £1,540 to £5,860 The compensation for this bracket is judged by the impact on daily life and how long it takes to make a recovery.
Reactive disorder (psychiatric) Severe £59,860 to £100,670 Involves continuing symptoms that stop the injured person from being involved in everyday life tasks or functioning at any level close to pre-trauma level.
Reactive disorder (psychiatric) Moderately Severe £23,150 to £59,860 A better prognosis will be achieved with professional help.
Reactive disorder (psychiatric) Moderate £8,180 to £23,150 Despite the person making a near full recovery, there will still be some difficulty coping with life.
Reactive disorder (psychiatric) Less Severe £3,950 to £8,180 The injured person has almost fully recovered within of 1-2 years.

Moreover, you can be compensated for the material damage you have suffered this can include : 

  • Money stolen from bank accounts
  • Purchases fraudulently made on your credit cards
  • Damage to your credit score

Keeping a record of all monetary losses is important to strengthen your chances of being reimbursed for them. This can be done via receipts, invoices, or credit card statements. 

Speak To An Advisor About No Win No Fee Agreements

You might wish to hire a solicitor to assist you with your claim. They can use their vast experience to cover all bases of your claim, which could also enhance your chances of being awarded a payout. 

Many claimants find it beneficial to work with a No Win No Fee solicitor. Generally, our solicitors operate on a Conditional Fee Agreement (CFA) which comes under the No Win No Fee umbrella. 

This means that there are generally no fees to be paid upfront or while your claim is ongoing. Furthermore, you will not be required to pay any fees if your claim is unsuccessful. 

Although if your claim is won, you will have to pay a legally capped success fee that will be subtracted from the data breach compensation you are awarded and paid to your solicitor. 

If you would like to find out whether you are eligible to be covered on this basis, please contact a member of our team by: 

Data Breach Claim Resources 

Here we have included some guides of our own that might be beneficial in regard to data breach claims:

Additionally, we have included further reading that may be of benefit to you: 

Thank you for reading this guide on how to claim if your solicitor breached your medical records. If you need free legal advice, call our advisors today.