Have you experienced a hospital data breach? Were your patient notes or test results shared in a way that caused you financial and emotional harm? The following guide aims to explain how you could be eligible to seek compensatory damages after the NHS or a private healthcare provider failed to safeguard the information they kept about you.
An NHS data protection breach can create long-lasting problems for those involved. So our guide will explain what a hospital should do to prevent a data breach. We also look at some general examples of how a breach might happen and explain claims against private healthcare providers at fault.
There are steps you can take after a hospital data breach to build a compensation claim and we detail those. Also, we explain the areas of harm that data breach compensation covers if the claim wins. Lastly, you’ll find useful information on how a No Win No Fee solicitor could handle the entire claim for you.
Read on to learn more, or if you’d like to discuss your hospital data breach claim in person, you can:
- Connect by phone on 020 8050 3051.
- Submit your claim via the contact us form.
- Message our live discussion portal below.
Jump To A Section Of Our Guide
- What Is A Hospital Data Breach Claim?
- How Can A Hospital Prevent Data Breaches?
- How Can Medical Data Breaches In Hospitals Happen?
- Examples Of NHS Data Breaches
- Can I Claim For A Medical Data Breach Against A Private Healthcare Provider?
- What Should I Do After A Hospital Data Breach?
- How Much Compensation For A Medical Data Breach?
- Can I Make A Hospital Data Breach Claim On A No Win No Fee Basis?
- Learn More About Making A Data Breach Claim
What Is A Hospital Data Breach Claim?
There are two main pieces of data protection legislation called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). They are enforced by an independent organisation that protects the data rights of the public called the Information Commissioner’s Office (ICO).
The ICO lays out the data processing standards that all organisations and companies must meet. Two generally recognised groups called data controllers (who request and retain data) and data processors (who work with personal information) are obliged to meet certain standards when processing information.
A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, personal data.
Special category data is a type of personal data that includes medical information and requires even closer care when being processed.
With this in mind, a hospital data breach compensation claim could be made if you can demonstrate the following:
- The hospital failed to follow data protection rules (wrongful conduct).
- This led to a security incident where your data was involved.
- You suffered financial and/or psychological harm as a result.
How Can A Hospital Prevent Data Breaches?
There are numerous ways that those in possession of medical data can take the necessary steps to keep it protected. For example:
- They can make sure their databases are protected against the threat of cyber attacks as much as possible.
- Properly train the staff in their DPA and UK GDPR responsibilities.
- Ensure the patient’s paperwork is securely stored.
- Ensure laptops and screens time out or have authentication steps to prevent unauthorised others from reading the contents.
- Make certain that unwanted data is properly and securely destroyed.
- Implement and follow strict protocols of authorisation, so that sharing personal information without consent doesn’t happen.
How Can Medical Data Breaches In Hospitals Happen?
Building on the previous section, some examples of how a hospital data breach could happen are as follows:
- An NHS department or private healthcare clinic fails to renew firewall subscriptions and cybercriminals are able to hack into patient’s details more easily.
- Staff on the hospital ward are unaware of the data processing responsibilities and openly discuss a patient’s medical details in front of other patients.
- The loss or theft of paperwork, laptops and smartphones occurs and leads to a damaging breach for the patients involved.
- Patient notes are thrown in the normal hospital bin rather than collected for secure shredding. Unauthorised parties find and use the information for criminal purposes.
There may be other examples of medical data breaches that cause both acute stress and financial harm. If you’d like to chat about your circumstances, please connect with the team.
Examples Of NHS Data Breaches
Data breaches feature more commonly than ever in the news. Here are two recent cases of note involving medical information and patient data:
- The Information Commissioner’s Office (ICO) has issued a warning to NHS Fife. An unauthorised person entered a ward and gained access to the personal information of 14 patients. This occurred in February 2023. The lack of identification checks and formal processes, allowed for said personto be handed documents containing personal information of 14 people and assisted with administering care to one patient.
- The Information Commissioner’s Office (ICO) was forced to reprimand South Tees Hospitals NHS Foundation Trust for a data breach of sensitive information to an unauthorised family member in November 2022. An employee sent a letter to the wrong address and confirmed that the human error was caused by a total lack of data protection training.
Sources :
- https://www.bbc.co.uk/news/articles/c9777v4m8zdo
- https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/01/south-tees-hospitals-nhs-foundation-trust-reprimanded-for-serious-harmful-data-breach/
Can I Claim For A Medical Data Breach Against A Private Healthcare Provider?
The data protection laws that we looked at above apply equally to all organisations and companies. Therefore, a private health facility has a duty to safeguard personal data as much as the NHS.
You could have a valid medical data breach claim for compensation against a private clinic if you meet the three criteria we detailed above. If you’d like help to understand your options, please call the advisory team for free information.
What Should I Do After A Hospital Data Breach?
An essential part of the data breach compensation claims process is gathering proof of wrongful conduct. You need to draw together anything that shows the NHS or medical facility failed to comply with data processing laws. So this might include:
- Any letter or email you have from the health provider notifying you about the data breach. All organisations need to alert data subjects to a breach that might hold the potential to impact freedoms and rights as soon as possible.
- Details of your attempts to contact the company for an explanation. If this is not successful, or the response they provide is weak, you can raise your concern with the ICO. Wait no longer than 12 weeks since the last communication with the hospital to do this.
- Importantly, the ICO cannot award compensation but if they investigate, it could bolster your case. (Furthermore, it doesn’t affect your claim either way if you do or don’t involve the ICO).
- Collect documents, statements and other proof of financial harm or criminality caused by the data breach.
- Obtain copies of any mental health reports that show you suffered a diagnosed psychological injury because of the data breach.
Another action open to you is to see if a data breach solicitor could help. Learn more about what you should do after a hospital data breach by ringing our team on the number above or reaching out online.
How Much Compensation For A Medical Data Breach?
Firstly, non-material damage refers to the psychological injury the data breach created for you. The worry and aggravation of a data breach might trigger stress, anxiety or even a trauma reaction in cases where the person was particularly badly impacted, such as identity theft.
The people involved in affixing a value for non-material damage often look at publications like the Judicial College Guidelines (JCG) which lists several mental health injuries in order of severity. Our table below is made up of entries from the JCG (except the first line) but data breach claims vary, so these are guidelines only:
Compensation Guidelines
| Nature of Injury | How Severe? | Award Bracket Guidelines | Definitions |
|---|---|---|---|
| Several severe types of psychological harm and material damage payments. | (a) Severe | Up to £500,000 plus. | The person suffers multiple types of psychological harm and receives material damage award for being unable to return to work and to cover counselling fees, as well as lost money from accounts. |
| Psychiatric Harm - General | (a) Severe | £66,920 up to £141,240 | A poor future outlook and impact felt across all areas of normal life. |
| (b) Moderately Severe | £23,270 up to £66,920 | Significant mental health issues but a more favourable predicted future for the person than bracket above. | |
| (c) Moderate | £7,150 up to £23,270 | A good level of recovery noted by point of case being heard at trial. | |
| (d) Less Severe | £1,880 up to £7,150 | This bracket looks at duration of injury and how significantly daily activities were impacted. | |
| Post Traumatic Stress Disorder (PTSD) | (a) Severe | £73,050 up to £122,850 | Permanent trauma effects that stop the person from functioning on any level as before. |
| (b) Moderately Severe | £28,250 up to £73,050 | Cases in this award bracket differ after professional counselling has helped. | |
| (c) Moderate | £9,980 up to £28,250 | The injured person recovers on the whole and on-going effects are not significantly disruptive. | |
| (c) Less Severe | £4,820 up to £9,980 | Almost a total recovery within a 12 - 24 month period and any residual symptoms are minor. |
Can I Claim For Material Loss After A Hospital Data Breach?
Material damage are financial losses caused to the person. You could be awarded compensation for loss of earnings caused by time away from work because of stress. In addition to this, the expenses of seeking counselling for psychiatric harm, replacing lost or stolen devices and re-establishing your privacy could be covered.
With this in mind, keep hold of all receipts, statements and invoices that prove incurred costs to you. Call if you’d like further information.
Can I Make A Hospital Data Breach Claim On A No Win No Fee Basis?
Data breach claims can become complex and full of legal terminology. Whilst you can handle your claim yourself, it makes sense to see if a data breach solicitor could help you first. The ones on our panel provide excellent support services from start to finish, such as:
- Correctly calculating the value of your claim.
- Helping you to gather supporting evidence.
- Dealing with the pre-action protocol and other actions that arise.
The advantages don’t end there. These solicitors offer excellent legal representation through a No Win No Fee contract, typically a Conditional Fee Agreement (CFA). Contracts like this remove many obstacles preventing people from seeking legal support.
For example, no immediate solicitors fees apply. No ongoing fees are requested for the solicitor’s services as the claim moves forward. If the hospital data breach compensation claim doesn’t settle in your favour, no fees are applicable for finished work under a contract like this.
Successful claim outcomes only require the payment of a small and legally limited percentage of the compensation as a success fee to your solicitors.
If you want to learn more about how a No Win No fee data breach solicitor could help your claim, why not take the first step and speak to our advisory team?
- Connect by phone on 020 8050 3051.
- Submit your claim via the contact us form.
- Message our live discussion portal below.
Learn More About Making A Data Breach Claim
There are other helpful resources available on our website:
- The focus of this guide is an NHS data breach compensation claim
- Here we look in detail at the time limits that apply to claims like this.
- Also, you can read about how to sue someone for disclosing personal information here.
External help:
- If you’re looking for tips on how to stay secure online, this resource is from the National Cyber Security Centre (NCSC).
- Also, here is more information from GOV.UK about the Data Protection Act 2018.
- Lastly, here is more information about actions the ICO has taken.
In conclusion, we hope you have learned a lot from this guide about making a hospital data breach claim. For more help with medical data breach compensation claims, reach out to advisors.