How To Make Medico-Legal Data Breach Claims

If a solicitor or healthcare professional mishandled your personal data, you might be wondering about the medico-legal data breach claims process.

Medico-Legal data breach claims guide

Medico-legal data breach claims guide

Medico-legal reports can be requested from medical experts and are shared with solicitors to aid in making compensation claims. They are used as evidence to support many kinds of claims, including personal injury and medical negligence cases. As such, medico-legal reports can contain a wide range of personal data.

In this guide, we will explore who can make a claim for a personal data breach, as well as how a personal data breach could affect you. We will also discuss compensation in medico-legal data breach claims, and how one of our solicitors could benefit your claim.

For more questions, get in touch with a member of our team. Our advisors can provide free legal advice, and they can tell you if you could be eligible for compensation. To learn more:

  • Call our advisors on 0800 073 8801
  • Contact us online and request a callback
  • Use our instant live support chat option

Select A Section

  1. A Guide To Medico-Legal Data Breach Claims
  2. How Could A Medico-Legal Data Breach Occur?
  3. Data Involved In Medico-Legal Data Breach Claims
  4. Who Can Claim For Medico-Legal Data Breaches
  5. How Much Are Medico-Legal Data Breach Claims Worth?
  6. Starting Medico-Legal Data Breach Claims

A Guide To Medico-Legal Data Breach Claims

The people who obtain and use personal data, which is any information that can identify you, are called data controllers. They decide why and how use your personal data. Once this is established, a data processor will then process the data by following the controller’s instructions.

All data controllers and processors that handle the personal data of UK residents must comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Failure to do so could lead to a personal data breach, which may in turn lead to a claim.

A personal data breach occurs as a security incident that affects the confidentiality, integrity, or availability of your personal data. But, you may not be able to claim for every instance of a personal data breach. According to the UK GDPR, in order to make a valid claim:

  • Your personal data must be involved in the breach
  • The breach has to occur because of the data controller or processor’s failings
  • You have to suffer financial or psychological harm as a result of the breach

If the above apply to your case, get in touch with our solicitors. They can tell you if you could be eligible to start the medico-legal data breach claims process.

How Could A Medico-Legal Data Breach Occur?

There are a variety of ways that a medico-legal data breach could occur following wrongful conduct on the part of the data controller or processor, including:

  • Misdelivery: For example, if a solicitor or medical professional sent your report to the wrong address, despite having your correct address on file. Or, a text message data breach could occur if your personal data is sent to the wrong phone number.
  • Verbal disclosure: If your solicitor or your GP disclosed medical information from your medico-legal report or your medical records over the phone but did not first conduct the appropriate security checks, this could be a personal data breach.
  • Cyberattacks: If the data controller or processor failed to employ adequate cybersecurity policies, and this lead to cybercriminals gaining access to your personal information, you may be able to claim.

To learn more about medico-legal data breach claims, read on or get in touch with our team.

Data Involved In Medico-Legal Data Breach Claims

As we previously mentioned, personal data is any information that could identify you as a living person. Some examples of personal data that could be included in your medico-legal report are:

However, medico-legal reports will also contain data regarding your health, which is classed as special category data. This is a kind of personal data that is sensitive in nature, and as a result requires extra protection. Special category data can include information that refers to your:

  • Sexuality or sex life
  • Racial or ethnic origin
  • Health data, including information that refers to your medical conditions
  • Religious or philosophical beliefs

For more information on the medico-legal data breach claims process, contact our advisors today.

Who Can Claim For Medico-Legal Data Breaches?

As we have already mentioned, there are criteria in place that your claim must meet in order to be eligible. If your case meets this criteria, then you may be wondering how to begin the medico-legal data breach claims process.

You can complain to the solicitor’s firm or medical organisation responsible for the breach directly, and they may then be able to provide more information. For example, they could tell you how the breach occurred, or what data was involved.

If they do not reply, then you can make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent watchdog, and they are responsible for enforcing data protection legislation in the UK. The ICO can’t provide compensation, but they may investigate the breach, and may fine the organisation responsible.

Any organisation that suffers a personal data breach which could go on to affect your rights or your freedoms must be reported to the ICO within 72 hours. You must also be informed of the breach without undue delay.

How Much Are Medico-Legal Data Breach Claims Worth?

There are two areas of harm that you could potentially claim compensation for. These are material damage, and non-material damage.

Material damage refers to the financial impacts of the breach. For example, a personal data breach could lead to damage to your credit score, fraudulent charges made on your credit card, or debt accrued in your name.

Non-material damage refers to the psychological injuries you suffer as a result of the breach. For example, you could suffer anxiety after a data breach, or distress because of a data breach. Below, you can find some compensation brackets taken from the Judicial College Guidelines (JCG). This is a document that helps solicitors value personal injury claims by providing guideline settlement awards.

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Injury Severity and Compensation Bracket Notes
General Psychiatric Damage (a) Severe – £54,830 to £115,730 Severe symptoms cause issues in coping with all areas of daily life, with a very poor prognosis.
General Psychiatric Damage (b) Moderately Severe – £19,070 to £54,830 A more favourable prognosis than the one above but still indicative of a long-standing disability
General Psychiatric Damage (c) Moderate – £5,860 to £19,070 Cases whereby a good improvement will have been noted by the time the case comes to trial
General Psychiatric Damage (d) Less Severe – £1,540 to £5,860 Reflective of the length of disability and prevalence of a specific phobia or anxiety problem
Post-Traumatic Stress Disorder (PTSD) (a) Severe – £59,860 to £100,670 A profound and all-encompassing trauma response that radically alters the persons’ ability to function as before
Post-Traumatic Stress Disorder (PTSD) (b) Moderately Severe – £23,150 to £59,860 A better prognosis than the bracket above and a condition that gets better with professional help
Post-Traumatic Stress Disorder (PTSD) (c) Moderate – £8,180 to £23,150 A good overall recovery with a residual issue remaining
Post-Traumatic Stress Disorder (PTSD) (d) Less Severe – £3,950 to £8,180 A more or less complete recovery within 12 – 24 months. Only very minor issues persisting

Please note that this table refers to non-material damage compensation only, and that these figures are merely guides, and not guarantees of what you could receive.

Starting Medico-Legal Data Breach Claims

Our solicitors could help you through the medico-legal data breach claims process with a Conditional Fee Agreement (CFA). Under a CFA, you generally will not be asked to pay any fees to your solicitor for their work. If your claim succeeds, then the only fee you will pay to your solicitor is a success fee. However, unsuccessful claimants typically will not pay their solicitor for their services.

To learn more about how one of our solicitors could help you, get in touch today:

  • Call our advisors on 0800 073 8801
  • Contact us online and request a callback
  • Use our instant ‘live support’ chat option

Medico-legal Data Breach Claims – Further Resources

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Thank you for reading our guide to medico-legal data breach claims.

Guide by JW

Edited by CH