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Nuffield Health Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Nuffield Health Data Breach

I Was Affected By A Nuffield Health Data Breach, How Do I Claim?

There are not many people who haven’t heard of the General Data Protection Regulation (or GDPR) by now. It was introduced when The Data Protection Act 2018 was enacted into law to put an onus on companies who hold personal information about us to prevent it from getting into the wrong hands. Healthcare companies hold a lot of personal and very sensitive information about its patients so, in this guide, we’re going to consider how a Nuffield Health data breach might happen and when it could lead to a compensation claim.

Nuffield Health data breach claims guideSince the GDPR came into effect, individuals have a lot more control over when a company can store their personal information, the purposes it can be used for and when it can be shared with others.

While most companies have taken the GDPR rules on board and implemented safer data procedures, mistakes can still happen which lead to data breaches. As well as you claiming compensation for a data breach, the Information Commissioner’s Office (ICO) has the ability to fine companies millions of pounds if they’re found to have broken data laws.

Legal Expert can provide assistance if you’re thinking of starting a claim. We provide a no-obligation telephone assessment of any claim and a member of our team can provide free legal advice about your options. If they suspect your claim is strong enough, you could be introduced to one of our solicitors who’ll work on a No Win No Fee basis if your case is accepted.

To find out more about how we could help you claim, please call us on 0800 073 8804 today. If you’d rather find out more about a Nuffield Health data protection breach before calling, please continue reading.

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A Guide To Making A Data Breach Claim Against Nuffield Health

If a company is responsible for a data breach which leaks information about you into the wrong hands, you may well consider starting a claim against them for any harm caused. That might be especially true if the information relates to your finances or your sensitive medical information.

The introduction of the GDPR means that companies have to ask for your permission to process information about you. They also need to tell you why they need the information and if it will be shared with any other organisation. That’s why when you sign up for medical services or sign forms to agree to treatment, there will usually be some tick boxes related to your data. Importantly, when you’ve told a company your data preferences, they must abide by them and not use your information for any other purpose.

When you read the rest of this guide, you’ll find out what can cause a data breach to happen, what harm they can lead to, and how much you could seek. The time limit for making a claim is generally 6-years but if you’re claiming about a breach of your human rights, this will be reduced to 1-year.

However, your solicitor will often find it easier to request evidence to support your claim if you start it as early as possible. In the same way, you might find it easier to recall the impact of the data breach in the months after it happened rather than years down the road.

If you would like advice on making a Nuffield Health data breach claim, or if you have any questions relating to the claims process, please call a member of our team on the number at the top of the screen today.

What Is A Private Medical Data Breach By Nuffield Health?

There are many definitions listed in the 88-pages of the GDPR. One of them is for a personal data breach which is listed as a security breach which results in personally identifiable information about you being accessed, disclosed, lost, destroyed or altered in ways that you’ve not agreed to.

The act that led to the breach can be accidental, deliberate or illegal and can involve both digital information and information recorded on physical documentation. We’ll review different reasons why a data breach could happen later on in this article.

This article is about claiming for a Nuffield Health data breach but the information we’ll supply could be used to claim for data breaches involving other healthcare providers as well. Therefore, why not contact us today if you’re worried that a data breach involving your private medical information has happened and you’ve suffered as a result.

The GDPR And Personal Health Data Security

To help demonstrate the duty a healthcare company has with regards to data safety, we’re going to look at some roles listed in the GDPR:

  • The data controller is an organisation who is responsible for explaining why and how personal data will be processed.
  • A data processor is an organisation responsible for processing data on behalf of the data controller.
  • The data subject, a patient in this case, is the individual whose personal information is to be processed.

Also, the GDPR lists some important principles relating to the processing of personal information:

  • A data subject must be told of the legitimate reasons behind why their information is required.
  • Data processing needs to be transparent to the data subject, within the law and fair.
  • Data can only be stored for as long as was agreed by the data subject at the time of processing.
  • Processing of data needs to be secure and confidential.
  • It’s important that only the minimum amount of data required is processed.
  • All personal details that are recorded should be kept up to date.
  • The data controller must be able to show compliance in relation to these principles.

Even if a data breach occurs that doesn’t cause any harm, the ICO could issue a fine if the GDPR rules have been broken.

How Could Private Medical Healthcare Breaches Happen?

We’re now going to look at what could lead to a healthcare data breach. Remember, not all breaches are related to cybersecurity or computer data, they are just as likely to happen because of mistakes made handling physical documents. The examples include:

  • If a medical office is broken into and medical records are accessed because a cabinet was left unlocked.
  • Where a member of staff decides to read your personal records when there is no medical reason to do so.
  • If a letter that was intended for you and contains sensitive medical information is sent to the wrong patient.
  • When computer systems are attacked by malware, ransomware or viruses.
  • If documentation containing personally identifiable details are disposed of with ordinary rubbish rather than being securely destroyed.
  • Where a computer is left unlocked meaning a non-medical member of staff can access your records.

If you’ve been the victim of a data breach involving your personal medical records for whatever reason, we could help you start a compensation claim. Please call us today and we’ll investigate what’s happened and how you’ve been affected.

What Private Healthcare Organisations Have Been Fined By The ICO?

We mentioned earlier that the ICO has the power to investigate companies who have broken data laws and fine them. In this section, we’re going to look at some examples relating to healthcare organisations below.

In the first case, Babylon Health was advised by the ICO after it referred itself to them following a breach involving its GP video consultation app. A software error meant one patient had been able to access the video files of 50 other patients. The company resolved the issue within a couple of hours and no fine was issued by the ICO.

Source: https://www.theguardian.com/uk-news/2020/jun/10/babylon-health-data-breach-gp-app-users-able-to-see-other-peoples-consultations

In our next case, a member of Bupa staff was dismissed and had legal proceedings started against them after downloading around 108,000 customer records and sharing them with competitor organisations.

The information acquired included names, nationality, dates of birth and contact information. Bupa informed regulators and conducted an internal investigation into the incident. Following the investigation, additional security measures were introduced and the company has apologised to customers who were affected by the deliberate act of their employee.

Reporting Data Breaches In The Health And Care Sector To The ICO

When claiming for a Nuffield Health data breach, you are going to need to supply evidence to show what happened and how you’ve been affected. To identify how the data breach occurred, you have a couple of options: complain to Nuffield Health directly or ask the ICO to investigate your complaint.

When you lodge a complaint with a healthcare provider, they should conduct an investigation to ascertain what has happened. When they respond to your complaint with their findings, you’ll be given an escalation route that you can follow if you’re not happy with the response. After you’ve followed all the escalation paths available to you, then you could ask the ICO to take a look if you’re still not happy with the outcome.

The ICO state that you should get in touch with them when it’s been 3-months since your last meaningful communication with the organisation you believe is responsible for the breach. Any claim that takes too long to arrive with the ICO can be rejected so that’s something you should bear in mind. Another important factor to consider is that the ICO are not able to issue you with compensation.  The only way that could happen is if you start legal proceedings against the company yourself.

Therefore, before involving the ICO, our advice is to contact one of our advisors first. If your claim is accepted a solicitor will attempt to settle the claim with the company for you. If that isn’t possible, then your solicitor could suggest taking the more formal route by asking the ICO to investigate.

If you’d like to find out if your claim could result in a compensation payment, please call a member of our team today and let them know what evidence you have so far and how you’ve been affected.

What Damages Could You Get For A Data Protection Breach?

Over the next few sections of this article, we’re going to consider what you could receive compensation for, how much might be payable and whether you can claim on a No Win No Fee basis.

For data breach cases, a solicitor will usually break the claim down into two parts:

  • Material damages could be claimed for any pecuniary or monetary losses you have incurred.
  • Non-material damages could be sought if you suffer any psychological injuries you’ve sustained.

The role of your solicitor is to fully understand how you’ve been affected so that a full claim can be made. That’s important due to the fact that once you’ve accepted a settlement, you are unable to request more compensation at a later date.

Therefore, when considering your financial losses, your solicitor will look at how much the data breach has caused you already, but they’ll also consider any future losses too. For instance, if your private data was sold to criminals online who’ve used your details to take out loans in your name, there might be an adverse effect on your credit file for years to come.

Additionally, when looking at non-material damages, your solicitor will need to use medical specialists to evaluate what impact stress, depression or anxiety has had on the way you cope with life, education or work and if any personal or professional relationships have been impacted.

As you can see, getting the claim right is important and complex and this is one of the reasons we advise you to have a specialist legal team on your side. If your case is taken on by Legal Expert, one of our solicitors will review all aspects of your claim before submitting it to try and ensure you receive the right amount of compensation.

How Much Compensation Could I Be Awarded For A Successful Data Breach Claim?

When considering whether you’ll make a claim for a Nuffield Health data breach, you’ll probably want to know how much compensation could be paid. Unlike other types of claim, it has been established in court (Vidal-Hall and others v Google Inc [2015] – Court of Appeal) that you’re able to receive compensation for the physical or mental harm caused by a data breach even if you’ve not suffered financially. In addition, the court ruled that payments made for such injuries should be in line with personal injury settlements

Therefore, we’ve provided the following table which outlines how much compensation could be awarded for injuries that could be sustained following a data breach. The figures we’ve supplied are taken from a document which legal professionals like lawyers and judges use to determine settlements called the Judicial College Guidelines.

Type of SufferingSeverity LevelCompensation RangeComments
Post-Traumatic Stress Disorder (PTSD)
Severe
£56,180 to £94,470
Every aspect of the claimant's life will be affected meaning a return to work or pre-trauma levels will not be possible.
Post-Traumatic Stress Disorder (PTSD)
Less severe
£3,710 to £7,680
This category is used when the claimant has almost fully recovered, within a year or two, and only minor symptoms persist.
Psychiatric Damage
Less severe
Up to £5,500
This range of compensation will take into account how long your suffering lasted and the extent which your sleep and other daily activities were affected.

Because the figures paid out are based on the severity of your injuries, you’ll need to attend a local medical assessment during the claims process. At the appointment, a specialist will review any medical notes available to them and ask you questions about how you’ve been affected. Once the meeting is over, a report will be written and sent to your solicitor that contains the specialist’s findings.

No Win No Fee Data Breach Claims Against Nuffield Health

The cost of hiring a solicitor is something that might put you off starting a data breach claim, but if you use Legal Expert, you needn’t worry. Our team of solicitors provides a No Win No Fee service for claims they take on which means your financial risk is reduced and so are your stress levels.

To check you’re eligible to use this service, a solicitor will review your claim to ensure it’s got a reasonable chance of success. Once they are happy to continue, they’ll prepare a Conditional Fee Agreement for you which will set out what work they’ll complete for you. In addition, the CFA will explain that:

  • You won’t pay any upfront charges.
  • There aren’t any hidden charges or solicitor’s fees payable as the case progresses.
  • In the event the claim is lost, you won’t need to pay any of your solicitor’s fees whatsoever.

If the solicitor proves your allegations and wins compensation for you, they’ll keep a small amount to cover the cost of their work. The percentage of your compensation you’ll pay as a success fee is limited by law and listed in the CFA, so you are aware of the amount you’ll pay from the start.

For more information on using our No Win No Fee service, please speak to one of our advisors today.

Selecting A Lawyer Specialising In Data Privacy Breach Claims

If you’re going to make a claim for a Nuffield Health data breach, how do you pick the best solicitor to take your case forward? One of the most common things people do is ask friends and colleagues for a recommendation. Another way is to read online reviews about law firms who could help, and some people just opt for the most local solicitor to them.

It is possible that any of these steps could help you find a solicitor who’ll help but it might take time to find one you’re happy with.

Instead of all that hassle, why not simply give Legal Expert a call? We have a team of specialist solicitors who’ve been helping our clients with different types of claims for over 30-years. If your claim is taken on, your solicitor will work with you to try and make sure that a fair amount of compensation is awarded. Also, throughout your claim, your solicitor will be available to provide regular updates and answer any questions you may have.

Contact A Specialist Solicitor

If you have decided that you’d like Legal Expert’s help to make a healthcare data breach claim, here are the ways in which you can get in touch:

  • Call an advisor on 0800 073 8804 for a no-obligation assessment of your case.
  • Email us with details about your claim to info@legalexpert.co.uk.
  • Ask for an advisor to call you back when you start an online claim.
  • Discuss how you’ve been affected with an online advisor via live chat.

To make the process of claiming easier, our advice line is open 24-hours a day, 7-days a week so please call when it’s most convenient for you.

Quick Medical Data Privacy Breach Claim Resources

You’ve arrived at the final part of this article about making a compensation claim following a Nuffield Health data breach. Therefore, to provide further support, we’ve linked to extra resources and guides that could prove useful below:

Nuffield Health Ratings – The latest inspection reports of Nuffield Health hospitals from the Care Quality Commission.

Data Protection And Coronavirus – Information from the ICO on how firms can meet their data protection obligations during the lockdown.

Adult Mental Health – Information on NHS England’s increased focus on mental health services.

Local Authority Data Breach Claims – Details on when you could sue a local council for the harm caused by a data breach.

Private Hospital Negligence – A guide explaining when you could claim against a private hospital for injuries that result from medical negligence.

NHS Data Breaches – This guide concentrates on claims for the harm caused due to an NHS data breach.

 

Guide by Hambridge

Edited by Billing

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