A private healthcare data breach claim is something nobody expects to pursue. Understandably, we entrust such practices to ensure personal data is kept safe by adhering to data protection laws. When this is not the case, you may be eligible to pursue a data breach claim for the mental or financial suffering (or both) caused by your personal information being compromised. If you are experiencing the fallout of a data breach, Legal Expert can explain your options and provide you with peace of mind during this difficult time.
Key Takeaways
- Private healthcare practices hold personal data, such as your name, address, and medical records, to ensure patients receive the best possible treatment.
- When holding your personal data, private healthcare facilities have a responsibility to keep your information safe and adhere to data protection laws.
- Private healthcare data breaches may result from human error (e.g., letters sent to the wrong address), hacking incidents, or inadequate cybersecurity measures.
- To pursue a claim, you should report the data breach, receive medical support, collect evidence and contact legal services within the claims time limit.
- Our excellent solicitors who specialise in data breaches may help you pursue a claim on a No Win No Fee basis.
Contact us today to find out if you are eligible to pursue a private healthcare data breach compensation claim with one of our experienced solicitors.
4.8 (466 reviews) Can I Make A Private Healthcare Data Breach Claim?
Yes, you may make a private healthcare data breach claim with the support of our specialist solicitors at Legal Expert. However, you must meet the following eligibility criteria and prove that:
- The private healthcare provider did not comply with data protection laws
- Your personal data was compromised in a breach
- This resulted in mental or financial harm, or both
All organisations that hold data, including private healthcare providers, must adhere to data protection laws to ensure all information remains safe. Specifically, they must comply with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (GDPR).
When organisations such as private healthcare providers fail to fulfil their legal obligations, personal information may be compromised in a breach. If this happened to you, resulting in psychological harm, financial losses, or both, you may be eligible to claim data breach compensation.
Contact our advisory team today to find out if you are eligible to pursue a private healthcare data breach claim with our excellent solicitors.
What Personal Data Might A Private Healthcare Provider Hold?
A private healthcare provider can hold large volumes of personal data on employees and patients, including contact information and health records. Whether this personal data is used for administrative purposes or to facilitate treatment, the information can be used to identify a patient.
Some examples of the type of personal data private healthcare facilities may hold include your:
- Full name
- Date of birth
- Postal address
- Phone number and e-mail address
- Contact details of your next of kin
What Is Classed As Special Category Data?
More sensitive personal information is classed as special category data, such as health and biometric records. This category requires greater protection under UK GDPR.
Private healthcare providers may hold such data to ensure patients receive the correct standard of care tailored to their needs, including:
- Medical history, such as diagnoses and test results
- Racial or ethnic origin
- Sexual orientation
- Religious beliefs
Private health care services must abide by data protection laws when holding both personal and special category data to ensure it remains secure and safe.
If your personal information was compromised in a private healthcare data breach, find out whether you can claim compensation for the harm it caused by chatting confidentially with our advisory team.
How Might Private Healthcare Data Be Breached?
Private healthcare data may be breached through human error, the sharing of personal information without consent, and cyberattacks. Here are some examples of how a failure to comply with data protection laws may result in information becoming compromised:
- Human error: A private healthcare admin assistant sends a letter containing your full name and contact details to the incorrect postal address. This causes you to develop anxiety and forces you to invest in additional home security.
- Disclosing information: A private doctor shares information about your medical conditions and records with a third party without your consent, causing you considerable distress.
- Cyber attacks: Your private practice failed to update its security software for over a year, allowing an attack to exploit several vulnerabilities on its site. This results in the hacker gaining access to your medication details, leaving you with anxiety about your security.
Regardless of how your personal data was breached, you may be eligible for compensation, so contact our advisors to discuss this with them today.
What Compensation Can I Get For A Breach Of Private Healthcare Data?
The compensation you can get for a breach of private healthcare data depends on the extent of the psychological and or financial harm you suffered, as well as the long-term impact on your quality of life. Any mental harm is termed non-material damage, which legal professionals may value using the suggested compensation brackets listed in the Judicial College Guidelines (JCG).
This is in accordance with the suggested compensation brackets listed within the Judicial College Guidelines (JCG). These guideline brackets cover various forms of mental and physical harm.
The table below provides suggestive brackets for psychological harm. However, the entries listed are not guaranteed, and the highest value row is not from the document.
| Psychological Harm | Severity | Compensation |
|---|---|---|
| Multiple Serious Psychological Harm and Significant Financial Losses | Special damages may account for lost income, as well as the cost of therapy and relocation. | Up to £250,000 plus |
| Psychiatric Damage | Severe; Several factors considered, including impact on capacity to cope with life and future vulnerability. | £66,920 to £141,240 |
| Psychiatric Damage | Moderately Severe; Considers similar factors to above, such as impact on relationships, but with more optimistic prognosis. | £23,270 to £66,920 |
| Psychiatric Damage | Moderate; May have been similar issues to those seen in above brackets, such as prognosis and impact on work life, but prognosis will be good. | £7,150 to £23,270 |
| Psychiatric Damage | Less Severe; Bracket will factor in length of mental disability and impact on daily activities. | £1,880 to £7,150 |
| PTSD | Severe; PTSD effects will be permanent, leaving claimant unable to work or at the least be able to function as they did pre-trauma. | £73,050 to £122,850 |
| PTSD | Moderately Severe; Professional support will allow for some degree of recovery and a better prognosis. | £28,250 to £73,050 |
| PTSD | Moderate; Claimant will have largely recovered, with ongoing effects not considered grossly disabling. | £9,980 to £28,250 |
| PTSD | Less Severe; Practically a full recovery within 1-2 years, with any symptoms persisting after this being minor. | £4,820 to £9,980 |
4.8 (466 reviews) Material Losses In A Private Healthcare Data Breach Claim
Material losses in a private healthcare data breach claim relate to the financial impact of your personal information being compromised. This harm is known as material damage and may encompass:
- Lost wages if you took time off
- Missed work benefits, such as holiday entitlement or bonuses
- Payments made towards mental health services, including therapy
- Relocation costs if you were required to move elsewhere
- Costs towards further home security measures, whether this is cyber or CCTV
If claiming for material losses, you will want to keep a record of your costs, such as payslips, bills, or receipts.
For more specific examples of the compensation you may be awarded, please get in touch with our advisors.
What Is The Process For Claiming After A Private Healthcare Data Breach?
The process for claiming after a private healthcare data breach involves contacting the organisation responsible for the incident, seeking medical support, gathering evidence of what happened, and seeking support from a qualified solicitor. We discuss these steps in more detail below.
Report The Data Breach
If you were notified that your information was compromised by a data breach, you have the option of reporting the incident. However, firstly, you’ll need to speak with the organisation responsible for the private healthcare data breach. If you receive no reasonable response from them for 3 months, you may then report the data breach to the Information Commissioner’s Office (ICO).
The ICO is the independent UK body for enforcing data protection legislation. It also investigates data breach incidents and enforces fines on those responsible for compromising data.
Seek Medical Support
If the data breach incident caused you psychological harm, seek medical support so you can access mental health services and get the appropriate treatment. This can also support your compensation claim, as you will have an official record detailing the diagnosis of the psychological condition, its severity, and the care you received.
Collect Evidence
It is important to collect evidence of your data breach to support your claim. This is simply any information that illustrates how the private healthcare facility breached your data, causing you mental harm, financial losses, or both. You can learn more about this by reading our evidence guide.
Seek Legal Support
Seeking legal support can provide valuable help when claiming, particularly if you pursue compensation with one of the dedicated data breach solicitors here at Legal Expert.
Our advisors can also guide you through the steps you may take after a data breach and help you pursue a claim. Additionally, our specialist data breach solicitors have extensive experience with this type of claim and use that expertise to provide tailored, compassionate representation from start to finish.
Pursue A Claim Within The Timelimit
You will typically have 6 years to pursue your private healthcare data breach claim. However, it may be in your best interest to explore your options for claiming with us as soon as possible.
If you have any questions regarding the private healthcare data breach claims process, please reach out to our helpful advisors.
No Win No Fee Private Healthcare Data Breach Compensation Claims
You may pursue a No Win No Fee private healthcare data breach compensation claim with one of the highly experienced solicitors here at Legal Expert. All of our solicitors offer their dedicated support under a Conditional Fee Agreement (CFA), meaning you have no fees to pay for their services at the start of the claims process or while it progresses. These service fees are also not payable if a claim loses.
You will pay a small success fee, deducted as a legally capped percentage of the compensation, if your private healthcare data breach claim wins. This will be discussed when signing the CFA, so you’ll have all the information you need before you start claiming.
At Legal Expert, we value your needs and recognise that you may require support following a private healthcare data breach. Our solicitors always take the necessary steps to help their clients obtain the highest possible payout so that you can get back on track with your life. That means your solicitor will:
- Explore all necessary avenues to identify and gather evidence for your claim
- Connect you with mental health specialists to support your recovery
- Represent you in all communications, consistently prioritising your interests
- Explain all aspects of claiming for a data breach so you never feel confused or lost during the process
- Provide prompt and transparent updates to keep you fully informed about your case
Contact Legal Expert’s Solicitors To Begin
Contact our team at Legal Expert to pursue a private healthcare data breach claim or to learn more about the process today by:
- Calling us on 0800 703 8804 to personally discuss the details of your claim
- Filling out our ‘contact us‘ form
- Messaging us on our live chat for quick and detailed answers to your questions
Our communication lines are open 24/7, so you can contact us at your convenience.
Learn More
Learn more about data breach claims by reading our informative guides that are linked below.
- Answers to our data breach frequently asked questions
- Access our UK GDPR data breach compensation calculator
- A guide explaining NHS data breach compensation
References
- Here are some tips for keeping your data safe, NCSC.GOV.UK
- Information about the UK’s data protection, GOV.UK
- Access mental health services, NHS.UK
Thank you for reading this guide, and please contact us for further advice if you’re interested in pursuing a private healthcare data breach claim with the support of one of the experienced solicitors at Legal Expert.
