If a medical letter is sent to the wrong address, it can have severe consequences. In 2023, the health sector suffered the highest percentage of reported data security incidents, according to statistics published by the Information Commissioner’s Office (ICO).
In this guide, we’ll explain what criteria your claim has to meet in order to be valid. We’ll also explore how both the NHS and private healthcare providers should protect your personal data, and how the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) protect the data of UK residents.
We understand that a data breach can be a complex situation, so we’ll talk about the steps you could take after a breach. We’ll also talk about data breach compensation, including the different forms of compensation that you may be awarded.
Finally, our guide will discuss the benefits of working with a solicitor when you claim compensation. Our panel of solicitors work on a No Win No Fee basis; if you aren’t familiar with this kind of agreement, we talk more about the benefits of this kind of contract and how it could help you.
Contact Us
Our team of advisors are here to help. If you’d like to find out if you could be eligible to make a personal data breach claim, contact us today by:
- Calling us on 020 8050 3051
- Using the live chat feature.
- Contacting us online.
Browse Our Guide
- Can You Claim If A Medical Letter Has Been Sent To The Wrong Address?
- How Could The NHS Have Sent A Letter To The Wrong Address?
- What To Do If A Medical Letter Has Been Sent To The Wrong Address
- How Much Compensation For A Medical Data Breach?
- Why Make A Medical Data Breach Claim On A No Win No Fee Basis?
- Read More About Claiming For A Data Breach Of Medical Information
Can You Claim If A Medical Letter Has Been Sent To The Wrong Address?
Personal data refers to any information that could identify you.
For example, this might include your full name, postal address, or personal email address. Medical information is extra sensitive and needs extra protection. This is because it’s classified as special category data, which is a subclass of personal data.
All data controllers and data processors must adhere to and follow the rules and regulations set out within the UK GDPR and the DPA, as, together, they sit as data protection laws.
Data controllers are organisations that decide how and why to use your data. Data processors are an organisation or agency external to the data controller that process data on their behalf. You are known as a data subject.
If a data controller or processor fails to adhere to data protection law, this is known as wrongful conduct, and it may result in a data breach.
A personal data breach is classed as a security incident that affects the availability, integrity, or confidentiality of your personal data.
In order to be able to make a claim, you need to prove that:
- An organisation engaged in wrongful conduct. For example, they failed to update their cyber security measures, and this led to a cyber attack where personal data was accessed and stolen.
- This caused a data breach, that affected your personal data.
- The breach caused you to suffer emotional or financial harm. For example, you may experience emotional distress as a result of the breach.
Contact our team of advisors today to learn more about when you could claim if a medical letter was sent to the wrong address.
How Could The NHS Have Sent A Letter To The Wrong Address?
So, how could this kind of data breach happen? As we’ve already mentioned, you need to be able to prove that the data controller or data processor engaged in wrongful conduct. Some examples of how human error could lead to a personal data breach include:
- An administrator sends the letter to your old address, despite having your correct and current address on file. This allows your ex-partner to access your personal data.
- Your GP sends a letter to the wrong address by writing the incorrect address on the envelope, despite them knowing your correct address, allowing someone in your neighbourhood to access your medical data.
- Another patient requests a copy of their medical records, but your doctor’s surgery sends a copy of your records to them by mistake.
Can I Claim For A Data Breach Against A Private Healthcare Provider?
It doesn’t matter whether the NHS or a private healthcare provider was at fault, if a medical letter has been sent to the wrong address and your case meets the necessary criteria, then you may be able to claim.
Get in touch with our team today to find out if you could claim after your personal information was sent to the wrong address. They could also answer any questions you may have about claims being made for data breaches involving special category data.
What To Do If A Medical Letter Has Been Sent To The Wrong Address
The consequences of a data breach in healthcare can be severe, so you may be wondering what to do if a medical letter has been sent to the wrong address. Some of the steps you could take include:
- Complaining to the Information Commissioner’s Office (ICO): The ICO is an independent data protection watchdog that enforces data protection laws and takes in reports of potential data breaches. In some cases, they may decide to investigate the breach, and could levy a fine against the offending organisations. However, when making your formal complaint to the ICO, you must ensure that you do this within 3 months of your last meaningful communication with the organisation responsible for the breach.
- Collecting evidence: This can include getting an independent psychological evaluation, making a note of correspondence with the organisation at fault, and even the results of an ICO investigation.
- Seeking legal advice: While you don’t need a solicitor to make a claim, we recommend working with a professional. This is because they can provide invaluable insights into the claims process, help you gather evidence, and help you negotiate a settlement.
Contact our team of advisors today to find out if a solicitor from our panel could help you make a medical data breach claim.
How Much Compensation For A Medical Data Breach?
You might be wondering how much data breach compensation you could get if your claim succeeds. Usually, a data breach settlement can contain up to two kinds of compensation.
The first type that we’ll talk about is non-material damage compensation. Non-material damage refers to the effect that the breach has on your mental health. For example, following a data breach, you may suffer from post-traumatic stress disorder (PTSD), anxiety or distress because of a data breach.
When compensation under this heading is calculated, the Judicial College Guidelines (JCG) is often used as a reference. It contains guideline compensation brackets for a range of different psychological injuries, as displayed below.
Please keep in mind that these aren’t fixed or guaranteed amounts, and that the first entry has not been taken from the JCG.
JCG Compensation Brackets
| Injury | Notes | Compensation Bracket |
|---|---|---|
| Severe Mental Harm And Financial Losses | Severe mental harm suffered and financial losses such as travel costs and lost earnings. | Up to £250,000+ |
| Severe Psychiatric Injuries | A very poor prognosis caused by reduced ability to cope aspects of with daily life. | £66,920 to £141,240 |
| Moderately Severe Psychiatric Injuries | Even though symptoms are similar to severe cases, the prognosis is slightly better than that above. | £23,270 to £66,920 |
| Moderate Psychiatric Injuries | Significant improvements will have been made despite suffering from various problems. | £7,150 to £23,270 |
| Less Severe Psychiatric Injuries | This bracket consider the extent to which daily activities were impacted and the length of disability. | £1,880 to £7,150 |
| Severe Post Traumatic Stress Disorder (PTSD) | The claimant can no longer live or function as they did before the trauma. due to suffering with permanent issues. | £73,050 to £122,850 |
| Moderately Severe Post Traumatic Stress Disorder (PTSD) | There's a better prognosis in this bracket because professional help offers some chance of recovery. | £28,250 to £73,050 |
| Moderate Post Traumatic Stress Disorder (PTSD) | After a mostly full recovery, only some minor symptoms remain. | £9,980 to £28,250 |
| Less Severe Post Traumatic Stress Disorder (PTSD) | Within two years there is a virtually full recovery. | £4,820 to £9,980 |
The second heading, material damage compensation, covers the financial effects of the breach. For example, this might cover the cost of:
- Lost earnings, if you need to take time off work to deal with the psychological effects of the breach.
- Relocating and finding new accommodation.
- Counselling and therapy to deal with the psychological effects of the breach.
You’ll need to prove these losses to claim them back. To do this, it can be helpful to keep bank statements, invoices, bills, and other documents that illustrate your losses.
Keep reading to find out how a solicitor from our panel could help you. Or, contact us today to get started on your compensation claim.
Why Make A Medical Data Breach Claim On A No Win No Fee Basis?
We recommend working with a data breach solicitor when you make a claim. This is because a solicitor can use their years of training, work experience, and cases to help you:
- Gather evidence.
- Negotiate a settlement.
- File your claim on time.
- Communicate with the other party.
One of the benefits of working with a solicitor from our panel is that they work on a No Win No Fee basis. By signing a Conditional Fee Agreement (CFA), you can access the work of a solicitor:
- Without paying any upfront fees.
- Not paying ongoing fees for their services.
- Without paying for their work if the claim fails.
If the claim succeeds, the solicitor working on your case will take a small amount of your compensation as a success fee. However, the law limits the percentage that can be taken as this fee.
To learn more about the benefits of working with a solicitor on a No Win No Fee basis, get in touch with our team today by:
- Calling us on 020 8050 3051
- Using the live chat feature.
- Contacting us online.
Read More About Claiming For A Data Breach Of Medical Information
More guides about claiming for a data breach:
- Read our medical record data breach case study to learn more about the data breach claims process.
- Find out if you could claim after your medical records were lost by a solicitor.
- Get information on how long hospital data breach claims take and whether you could be entitled to compensation.
Further Resources:
- Get information and support from MIND, the mental health charity.
- Get advice and guidance from the NCSC (National Cyber Security Center).
- Find information for the public from the ICO.
Thank you for reading our guide on how to claim if a medical letter was sent to the wrong address. Contact our advisors today to receive free advice for your case.