Kettering General Hospital Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Kettering General Hospital Data Breach
How To Claim If Affected By A Kettering General Hospital Data Breach
When we refer to data, we typically mean any of your personal information that could be used to identify you, whether that be directly or indirectly. From home addresses to location details, this information could put your privacy at risk when compromised. We’ve created this article with data breach victims in mind, particularly those of a Kettering General Hospital data breach, to provide guidance on how to claim against the organisation responsible for your suffering.
Kettering General Hospital data breach claims guide
A data breach is used to describe the act of leaking, destroying or accessing this personal information without authorisation. If you’ve fallen victim to a data breach through no fault of your own, it’s possible that you could be entitled to compensation for any damage caused as a result.
We hope you find the information provided helpful, and please don’t hesitate to get in touch with our team at Legal Expert if you have any questions or would like some advice.
Whether you’re wondering how much compensation you could be entitled to or want to start making your claim today, our specialist advisors can give you an expert consultation tailored to your unique situation today.
To see what our solicitors could do for you, please contact us using your preferred method below:
- Call 0800 073 8804 to get through to one of our specialist advisors
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Select A Section
- A Guide On Kettering General Hospital Data Breach Compensation Claims
- What Is A Kettering General Hospital Data Breach?
- Breaches Of The GDPR By Hospitals
- How Hospitals Could Suffer Hacking Or Experience Data Breaches
- Examples Of Data Breaches At Kettering General Hospital
- What Is The ICO And When Do You Need To Make A Complaint?
- What Types Of Damages Could You Claim For An NHS Data Breach?
- How Much Compensation Could You Claim For A Breach Of The Data Protection Act?
- No Win No Fee Kettering General Hospital Data Breach Claims
- Find A Specialist Data Breach Lawyer
- Speaking To A Data Protection Breach Lawyer
- Quick Extra Medical Claims Resources
A Guide On Kettering General Hospital Data Breach Compensation Claims
If you’ve fallen victim to a data breach and believe that Kettering General Hospital was responsible for your suffering, you could make a claim against them if you can prove that their failings were to blame for the breach and harm caused.
This guide aims to help you understand how you could establish liability, value your entitlement and begin your claim today. To learn more about data breach claims, please continue reading or get in touch with our team at Legal Expert today. We offer free consultations to all of our callers as a courtesy, so you can gain an understanding of what you’re entitled to and how you could proceed.
It’s important to note that you must make your claim within 6 years of gaining knowledge about your breach or it may no longer be valid. Your claims time limit is reduced to just 1 year if your claim involves a breach to your human rights, so please be aware of this before you continue.
What Is A Kettering General Hospital Data Breach?
A Kettering General Hospital data breach refers to patients’ personal details being accessed, destroyed or leaked without permission from the patient themselves.
Such personal information, also described as data, includes anything that could be used to identify you, such as your contact details and your home address. However, in terms of a medical data breach, medical records also tend to be at risk, compromising your sensitive and confidential details.
Given the extent of information that medical databases hold, they tend to be a common target of cyberattacks. Often, hackers intend to sell-on patients’ personal data to an unauthorised third-party or use it as part of an identity theft crime.
However, another common cause of medical data breaches is human error. In such cases, those who have a duty of care to protect your data’s privacy fail to do so, meaning it undergoes some form of unauthorised processing as a result. For example, the staff at Kettering General Hospital may have left your medical notes in view of other people. Alternatively, your confidential medical information may have been mistakenly sent to another patient.
If you’ve fallen victim to a Kettering General Hospital data breach and you believe the organisation’s failings were responsible, you may be able to claim compensation for any suffering they’ve caused you provided you can prove the breach and the harm caused. Whether you’ve incurred financial losses as a result or are experiencing distress in the wake of the data breach, please get in touch today to see how our team at Legal Expert could help you.
Breaches Of The GDPR By Hospitals
In 2018, the EU’s legislation for data protection referred to as the General Data Protection Regulation (GDPR) was introduced. This was enacted into UK law under the Data Protection Act 2018 in attempts to help people regain a sense of control over how organisations use their data.
The GDPR outlined various roles in data breaches that we’ll refer to throughout this article, including:
- A data subject is an individual whose personal information is used
- A data controller is an organisation that dictates how and why personal information is used
- A data processor processes personal information on behalf of the controller (typically, this is a third-party external to the organisation)
Therefore, in the context of a Kettering General Hospital data breach, you would be the data subject and the organisation itself would be the data controller.
According to the GDPR, consent is required in order for your personal information to be processed by an organisation. However, they must first see that a secure system of data protection is in place to ensure your privacy. The GDPR also states that if any failures occur within an organisation’s data protection system, you must be alerted if the breach could affect your personal information. Furthermore, this is required to be done within 3 days of the breach occurring (or from the date of the organisation’s discovery of the breach).
Some further standards that the GDPR imposes on organisations in the UK to ensure proper data protection practices include:
- Lawful, transparent and safe processing of data (this may require data encryption in some cases)
- Collecting no more than the minimum amount of data required and consented to
- Not retaining data after the timeframe that the data subject consented to ends
- Regularly updating any personal information already on file
However, data breaches still happen, whether due to poor systems of data protection, cyberattacks or human error. If you believe that you’ve suffered a Kettering General Hospital data breach and can prove the organisation’s own failings were responsible for it, please contact our team at Legal Expert for a free consultation and see how our solicitors could help you claim.
How Hospitals Could Suffer Hacking Or Experience Data Breaches
As we mentioned earlier in this article, medical databases like that of Kettering General Hospital are a popular target of data hackers, due to the range of personal information they hold about their patients. However, human error is also a common cause of data breaches, with some examples such as:
- Keeping outdated personal information of patients on record, sometimes leading sensitive medical details to be missent and viewed by someone else
- Leaving medical notes in view of others who are unauthorised to see them
- Inappropriate accessing of patients’ personal details by staff who have no medical reason to do so
Until you’re notified by the organisation, you may not realise you’ve fallen victim to a data breach. In some cases, the organisation never gains awareness of the breach and you may never know that your personal data has been compromised.
Under GDPR regulations, the organisation is required to inform you of a breach that could affect you within 72 hours of them gaining knowledge of it. Alerting you of this may prevent financial damage caused by robbery or identity theft by allowing you to change your details or take steps to secure your assets.
However, it’s common to incur some sort of damage after suffering a data breach, regardless of whether you were notified of it or not. If you find yourself in this situation, please reach out to our specialist team at Legal Expert to see how we could help you claim compensation. As standard, we offer a free consultation so you can see whether you have a valid claim and how much you could be entitled to.
Examples Of Data Breaches At Kettering General Hospital
In order to help you understand how a medical data breach could happen at Kettering General Hospital, this section will examine some past failures of a similar nature that have been investigated and penalised.
In 2019, Kettering General Hospital underwent a transitional period of making their communication systems automated, allowing medical receptionists to be able to send letters electronically. However, over 2,422 letters were left unsent after being either saved in the wrong folder or incorrectly configured onto new computers.
The delays in sensitive information being communicated in a timely manner put patients’ health at risk, meaning many did not take necessary medical action as they were unaware of any advice to do so. The failures were left unchecked for around 9 months until a GP surgery that had been anticipating one of the letters raised their concern directly.
Luckily, no one was harmed in not receiving their letters on time and follow-up appointments were made to be sure that no damage was caused as a result. The incident was put down to the human error of administrative and IT staff, with regular auditing and system testing implemented as a result.
However, as a breach in the GDPR and the Data Protection Act 2018 had occurred, Kettering General Hospital underwent an investigation by the Information Commissioner’s Office (ICO) to see whether any further action was required.
The ICO is an independent organisation responsible for monitoring data protection practices in the UK, offering guidance to organisations and issuing fines if necessary to discourage negligence.
Source: https://www.northantstelegraph.co.uk/news/people/kgh-failed-send-more-2000-letters-gps-1995564
What Is The ICO And When Do You Need To Make A Complaint?
To make a successful claim following a Kettering General Hospital data breach, you’ll need to evidence that their failings were responsible for any harm that you suffered as a result. This section aims to offer some advice on how you could obtain such evidence so you don’t risk losing the compensation you deserve.
First, you could contact those responsible for your data breach directly, raising your concerns. Any response that admits wrongdoing could be used to prove your claim.
However, in the case that no response is received or no such admission of failure is made, you could then get in touch with the Information Commissioner’s’ Office (ICO). As mentioned in the section above, the ICO offers guidance to organisations on how they process data, penalising failures where they see fit.
If you raise your concerns to the ICO within a 3 month period following the last meaningful contact with those responsible for your data breach, they could investigate the situation for you. If they find the organisation to have been in breach of GDPR regulations, they may issue a fine, which could evidence any future claim you make.
However, it’s important to note the following about the ICO:
- They cannot award you compensation, even if they go on to find that the organisation in question was responsible for your data breach and subsequent suffering
- Their findings do not guarantee that you have a successful claim, as they simply act as guidance
To learn more about what to do if you’ve been affected by a Kettering General Hospital data breach, please contact our team at Legal Expert today for free advice and support. Our specialist advisors can tell you whether you could have a claim through our free consultation service that we provide as a courtesy.
What Types Of Damages Could You Claim For An NHS Data Breach?
When calculating how much compensation you could receive in a Kettering General Hospital data breach claim, there are two different types of damage that must be considered:
- Material damage: this relates to any financial losses that you’ve experienced because of your data breach. For example, you may have incurred damage to your credit rating, or in the worst-case scenario, you may have fallen victim to an identity theft crime.
- Non-material damage: this relates to any psychological, psychiatric or mental damage that you suffered due to your data breach, including anxiety, anguish and trauma.
Deciding the exact value of your compensation settlement depends on factors such as how much you have suffered. In order to establish this, your solicitor will send you for a medical assessment with an independent expert. They’ll write a report assessing the overall impact that the data breach has had on your life and how it’s affected areas such as your work, relationships and ability to function.
If you’re interested in finding out how much compensation you could be entitled to for your suffering, please contact one of our specialist advisors at Legal Expert today for a free assessment.
How Much Compensation Could You Claim For A Breach Of The Data Protection Act?
For more information on how much compensation a Kettering General Hospital data breach claim could result in, this section provides estimated settlement figures for similar cases.
The 2015 data breach case of Vidal-Hall and others v Google Inc influenced the way in which compensation is awarded for those types of claims. Before, a claimant was required to demonstrate that financial damage was caused by their data breach.
However, the Vidal-Hall and others v Google Inc case made it possible to claim for psychological damage alone. This means that it’s now possible to claim despite whether material damage was caused, as non-material damage can be claimed regardless.
In valuing non-material damage claims, figures are calculated according to that of personal injury claims. In the table below, we have used recommended settlement figures from the Judicial College Guidelines (JCG) as guidance:
| Type of Suffering | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Post-Traumatic Stress Disorder (PTSD) | Severe | £56,180 to £94,470 | The claimant’s trauma affects all aspects of their life, preventing them from working or functioning as before. |
| Post-Traumatic Stress Disorder (PTSD) | Less Severe | Up to £7,680 | Full recovery made within 1-2 years. |
| Psychiatric Damage | Severe | £51,460 to £108,620 | The claimant experiences significant issues in regards to their suffering, with a poor prognosis. |
| Psychiatric Damage | Moderate | £5,500 to £17,900 | The claimant shows signs of marked improvement, with a good prognosis. |
Please contact our specialist advisors today for a free assessment. They can estimate how much compensation you could receive for your suffering more accurately once they know more about your case.
No Win No Fee Kettering General Hospital Data Breach Claims
If you’ve been affected by a Kettering General Hospital data breach that was no fault of your own, the financial risk associated with the claims process should never deter you from seeking the compensation you deserve.
With this in mind, our solicitors always provide a No Win No Fee service to alleviate any anxieties that their clients may have. If you’re unfamiliar with this type of agreement (also known as a Conditional Fee Agreement), some key benefits include:
- You don’t have to pay your solicitor anything if they fail to secure you compensation
- We don’t charge any upfront or hidden fees at any point during the claims process
We’ll only take your claim on if we believe that we can win it for you. If this is the case, then we’ll present you with our No Win No Fee agreement and if you’re happy with it, we’ll begin building your claim right away.
Upon winning your case, we’ll take what’s known as a ‘success fee’, which is a small percentage of your compensation to cover our legal costs. However, to ensure transparency, this fee is capped by law and the exact percentage will be outlined in our No Win No Fee agreement to avoid any surprises.
To see if we could help you make a No Win No Fee claim following a Kettering General Hospital data breach, please get in touch with one of our specialist advisors at Legal Expert today.
Find A Specialist Data Breach Lawyer
Finding the right solicitor to handle your case could increase your claim’s likelihood of succeeding, as well as boost the amount of compensation you receive in your settlement. But how can you be sure which service is best for you?
To narrow down your search for legal help, you may ask family and friends for recommendations or scour online reviews to compare services. Alternatively, why not get in touch with Legal Expert today to see how our solicitors could help you?
Our reviews speak volumes of our team, demonstrating their expertise in winning claims for their clients. If you don’t believe us, you can take a look for yourself by clicking here.
Speaking To A Data Protection Breach Lawyer
Have you experienced suffering because of a Kettering General Hospital data breach? Our team at Legal Expert are here to help, so please don’t hesitate to get in touch today. Whether you’d like some more advice on data breach cases or you’d be interested in beginning your claim, you can contact one of our specialist advisors today using the links below:
- Call 0800 073 8804 to get through to one of our specialist advisors
- Fill out a contact form to get a call back from us
- Email info@legalexpert.co.uk to get in touch with our team
- Use the chat window on your screen to speak to us live
Our team of specialist advisors can provide you with a free consultation, assessing the details of your situation and reviewing any evidence that you may have. If they believe you have a viable claim and you’re happy to proceed, they’ll connect you with our solicitors to handle your case on a No Win No Fee basis.
Quick Extra Medical Claims Resources
Thank you for reading our guide on how to make a Kettering General Hospital data breach claim. We hope you’ve found our advice to be useful and informative.
To finish, we’ve left you with some additional resources that may be of help to you. To learn more about data breach claims and how to go about making one, please click the links below:
- Make a complaint about the NHS
- Give feedback on the NHS
- General Data Protection Regulation (GDPR) legislation
- Legal Expert’s guide to medical negligence claims
- Legal Expert’s guide to professional negligence claims
- Legal Expert’s guide to claim limitation periods
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Guide by Mavers
Edited by Billing
