Claiming Compensation For Lost or Missing Medical Records
By Lewis Cobain. Last Updated 10th November 2023. In this guide, we’ll talk about claiming for lost medical records compensation. Those who have concerns such as ‘my medical records have gone missing’ could potentially experience financial losses or psychological harm. The issue may also, in some cases, potentially lead to discrimination on the grounds of medical history. It is only in these instances that you would be eligible to claim.
We have created this guide to give you information and advice on claiming compensation for lost medical records.
In the sections below, we explain how the NHS and other healthcare providers should protect the confidentiality of your personal data.
We explain what happens if medical records are lost and how to calculate compensation for the harm you’ve suffered because of such an incident.
In addition to this, we answer common questions about lost records, and how our team could help you if you’d like to start a claim. If you have any questions while reading this guide, or would like us to offer you a free eligibility check on your case, you can reach our team of expert advisors through:
- Telephone: 0800 073 8804
- E-mail: email@example.com
- Using our contact form
- Chatting with us via Live Chat
Select A Section
- When Could I Claim For A Medical Records Data Breach?
- How Could Your Medical Records Be Lost?
- How Can I Prove My Medical Records Have Gone Missing
- Lost Medical Records Compensation In The UK
- Claiming For Lost Medical Records With A No Win No Fee Solicitor
Any organisation that processes your personal data must take all the necessary precautions to protect it. They must also adhere to data protection laws, which are the UK General Protection Data Regulation (UK GDPR) and the Data Protection Act 2018.
If an organisation fails to comply with data protection laws, this could result in a personal data breach. A personal data breach is a security incident that compromises the integrity, availability and confidentiality of personal data. For example, if an organisation lost your medical records.
To be eligible to make a claim for a personal data breach, you will need to prove:
- Your personal data was compromised in the breach.
- The breach was caused by the organisation’s failings.
- Due to the personal data breach, you suffered financially or mentally.
Contact our advisors today to see if you could claim for a medical records data breach.
What Are My Medical Records?
Your medical records contain personal details such as:
- Your name
- Your email address
- Details of medical conditions you may have
- Test results
- Information regarding injuries and illnesses
They could be held on computers or on paper records. Regardless, all of the information in those medical records should be kept confidential. If your data privacy has been exposed because your medical records have been lost, this could be considered a data breach.
What Is A Data Breach?
A data breach, according to the Information Commissioner’s Office (ICO), is a data security incident leading to personal data being:
- Accessed without authorisation/unlawfully
- Transmitted, disclosed, stored, altered or processed without authorisation/unlawfully
There are various ways in which your medical records could be lost. These could include:
- Faulty computer systems, software or cloud services
- A cyber attack that leads to the loss of data, such as a hacking
- Files being misplaced
- Reports slipping out of paper files
- Filing errors
Your claim would need to establish that your medical records were lost while in the possession of an organisation responsible for protecting them. It will also need to prove that the records were lost because the organisation failed to take the correct steps to prevent this data breach from occurring.
When claiming lost medical records compensation in the UK, you’ll need to provide evidence that your records have gone missing and that you have subsequently experienced harm. Without any evidence, you may struggle to make a claim for data breach compensation.
If you would like to work with one of our expert data breach solicitors, they’ll be able to gather evidence on your behalf. Evidence could include:
- Any correspondence you have had with the organisation at fault
- Proof of financial losses, such as bank statements or receipts
- Correspondence with the ICO, if you reported the breach to them
In addition, they can organise for you to see a medical expert, who would be able to diagnose any mental health problems you may have endured due to the data breach.
If an organisation becomes aware that your personal data has been breached, they are expected to inform you without undue delay. This communication can be used as proof the breach occurred.
If your claim for a data breach succeeds, you could be awarded compensation for two types of damage. These are material damage, and non-material damage. The former refers to the financial impact caused by your missing records. The latter refers to the impact of your mental health the personal data breach has caused you.
When valuing your claim for your non-material damage the Judicial College Guidelines (JCG) may be referred to. It lists guideline compensation brackets for different types of psychological damage.
In our table below, we look at a few figures given for mental health injuries from the 16th edition of the JCG. Please note that these are guideline amounts only.
|Injury/condition||Severity||Guideline Bracket for Compensation||Description|
|Serious Mental Health Injuries Plus Financial Losses||Severe||Up to £150,000+||Compensation for mental health injuries and financial losses such as lost earnings.|
|Psychiatric Harm||Severe||£54,830 to £115,730||You are unable to cope with life and the prognosis is very poor.|
|Psychiatric Harm||Moderately severe||£19,070 to £54,830||Although the prognosis is slightly more optimistic, you will still have issues with work and relationships in your life.|
|Psychiatric Harm||Moderate||£5,860 to £19,070||The prognosis is better and there is an improvement in your ability to cope with life.|
|Psychiatric Harm||Less severe||£1,540 to £5,860||Daily activities and sleep are affected to some extent.|
|Post-Traumatic Stress Disorder||Severe||£59,860 to £100,670||Permanent symptoms prevent you from working at all.|
|Post-Traumatic Stress Disorder||Moderately severe||£23,150 to £59,860||Symptoms are ongoing and likely to cause significant disability for the foreseeable future.|
|Post-Traumatic Stress Disorder||Moderate||£8,180 to £23,150||Any ongoing symptoms are not too disabling.|
|Post-Traumatic Stress Disorder||Less severe||£3,950 to £8,180||A full recovery is virtually made after one to two years.|
The top entry of this table does not appear in the JCG.
Material Damage Compensation
As mentioned above, you can also claim compensation for any material damage that has been caused by the data breach.
For example, by using personal data from your medical records, a criminal might be able to commit identity fraud and take out loans in your name. Or, if you need to take time off work to recover from the psychological impact of the breach, this could result in lost earnings.
Speak with an advisor today to discuss what you could claim for a breach of your medical records.
If you seek lost medical records compensation and are UK based, one of our No Win No Fee solicitors could potentially help you, provided you have a valid personal data breach claim. By offering you a a Conditional Fee Agreement (which is s type of No Win No Fee contract), you won’t be required to pay any upfront or ongoing service fees. You will also not have to pay them for the services they have provided should your claim be unsuccessful.
In the event that your claim is a success, you will pay the solicitor working on your case a success fee. This is deducted from your compensation, and there is a legal cap in place for the percentage that this fee can be.
For more information on when you could make a claim for a breach of the UK GDPR, or to see if you may be eligible to work with one of our solicitors, you can contact our advisory team. Contact them today by:
Contact our team today for more information on claiming lost medical records compensation by following the details in this guide.
Learn More About Data Breach Claims
Regardless of where you’re based, we can help you claim data breach compensation. Please see below for some of our dedicated guides:
- Data breach solicitors
- Grimsby data breach solicitors
- Aldridge data breach solicitors
- Barnsley data breach solicitors
- North Tyneside data breach solicitors
- Stockport data breach solicitors
- Wirral data breach solicitors
- Sunderland data breach solicitors
- Salford data breach solicitors
- St Helens data breach solicitors
- Walsall data breach solicitors
- Swansea data breach solicitors
- Newcastle Upon Tyne data breach solicitors
- Chesterfield data breach solicitors
- Derby data breach solicitors
- Kingston Upon Hull data breach solicitors
- Sandwell data breach solicitors
- Trafford data breach solicitors
- Rochdale data breach solicitors
- Sefton data breach solicitors
- Rotherham data breach solicitors
- Bolton data breach solicitors
- Folkestone data breach solicitors
- Halifax data breach solicitors
- Dover data breach solicitors
- Salisbury data breach solicitors
- Ipswich data breach solicitors
- Southampton data breach solicitors
- Oldham data breach solicitors
- Tameside data breach solicitors
- Stoke On Trent data breach solicitors
- Plymouth data breach solicitors
- Calderdale data breach solicitors
- Rhondda data breach solicitors
- Nottingham data breach solicitors
- Manchester data breach solicitors
- Liverpool data breach solicitors
- Leicester data breach solicitors
- Doncaster data breach solicitors
- Bristol data breach solicitors
- East Riding data breach solicitors
- Dudley data breach solicitors
- Coventry data breach solicitors
- Wigan data breach solicitors
- Leeds data breach solicitors
- Cardiff data breach solicitors
- Wakefield data breach solicitors
- Sheffield data breach solicitors
- Birmingham data breach solicitors
- Bradford data breach solicitors
- Wolverhampton data breach solicitors
- Solihull data breach solicitors
- Wokingham data breach solicitors
Other Data Breach Claims Guides
- Data Breach Compensation Claims
- GP Data Breach Compensation Claims Guide
- I Suffered Stress Due To A Data Breach – Am I Eligible To Claim Compensation?
- Employer Personal Data Breach Compensation Claims
- Merseyside Police Data Breach – Can I Claim?
- Data Breach Compensation Claims
- NHS Data Breach Compensation Claims Guide
- My Personal Data Has Been Lost After A Breach, What Are My Rights?
- North Tyneside Council Data Breach
- Data Breach Claim Against A Solicitor
- Marriott International Hotels Data Breach Compensation Claims
- BUPA Healthcare Data Breach Compensation Claims
- Uber Data Breach Compensation Claims
- Equifax Data Breach Compensation Claims
- Three Data Breach Compensation Claims
- QuickQuid Data Breach Compensation Claims
- Superdrug Pharmacy Data Breach Compensation Claims
- Derby City Council Data Breach Compensation Claims
- University Of Derby Data Breach Compensation Claims
- Bolton Council Data Breach Claims
- Data Breach By Stoke-On-Trent City Council Compensation Claims
- Data Breaches At Sefton Council Compensation Claims
- Leicester City Council Data Breach Compensation Claims
- Nottingham City Council Data Breach Compensation Claims
- Nottingham Trent University Data Breach Compensation Claims
- Doncaster Council Data Breach Compensation Claims
- Swansea University Data Breach Compensation Claims
- University of Bolton Data Breach Compensation Claims
- University Of Leicester Data Breach Compensation Claims
- Bristol County Council Data Breach Compensation Claims
- Ticketmaster Data Breach Compensation Claims
- University of Nottingham Data Breach
- Capital One Data Breach Compensation Claims
- St George’s Healthcare NHS Trust Data Breach
- Sunderland City Council Data Breach
- Abertay University Data Breach
- Aberystwyth University Data Breach
- Ashford Borough Council Data Breach
- Bangor University Data Breach
- Bath Spa University Data Breach
- Bedford Borough Council Data Breach
- Birmingham Council Data Breach
- Bishop Grosseteste University Data Breach
- Boots Advantage Card Data Breach
- Bournemouth Borough Council Data Breach
- Bradford Council Data Breach
- Brighton and Sussex University Hospitals NHS Trust Data Breach
- Brunel University Data Breach
- Buckinghamshire Council Data Breach
- Butlins Data Breach Compensation Claims
- Canterbury Christchurch University Data Breach
- Easyjet Data Breach Compensation Claims
- My Personal Data Has Been Lost After A Data Breach – What Are My Rights?
- Teesside University Data Breach
- The Arts University Bournemouth Data Breach
- The Open University Data Breach
- Transform Hospital Group Data Breach
- University of Aberdeen Data Breach
- University of Bedfordshire Data Breach
- University of Bradford Data Breach
- University of Brighton Data Breach
- University of Buckingham Data Breach
- University of Cambridge Data Breach
- University of Central Lancashire Data Breach
- University of Cumbria Data Breach
- University of East Anglia Data Breach
- University of Edinburgh Data Breach
- University of Glasgow Data Breach
- University of Gloucestershire Data Breach
- University of Huddersfield Data Breach
- University of Hull Data Breach
- University of Kent Data Breach
- University of Lincoln Data Breach
- Data Breaches Caused By Lost Or Stolen Devices
- A Law Firm Has Shared My Personal Data, Can I Claim?
- My Banking Details Were Breached – Can I Claim?
- Solicitors Lost My Case File – Can I Claim Compensation?
- Solicitors Sent Wrong Medical Records – Can I Claim?