Ramsay Health Care Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Ramsay Health Care Data Breach
I Was Subject To A Ramsay Health Care Data Breach, Can I Make A Claim?
While some people find the implementation of the General Data Protection Regulation (GDPR) annoying because they’ve caused those annoying pop-up boxes to appear on every website you visit, it’s actually a fairly good thing because it gives you more control over how companies use your personal information. Below, we’ll consider how a Ramsay Health Care data breach could mean you’re entitled to seek compensation for any harm caused.
The GDPR came into effect when it was enacted into British law by The Data Protection Act 2018. It means you can have more say on what data about you is collected, how it’s used and who it can be shared with.
Even though the new rules are now well established, simple human errors could lead to a data leak which means your information ends up in the hands of organisations or individuals who you’ve not authorised. When that happens, the Information Commissioner’s Office (ICO) could fine those responsible and you could seek compensation.
Legal Expert is happy to support you if you make the decision to proceed with a claim. Our advisors are fully trained and can offer you free claims advice along with a no-obligation consultation about your case. They could then refer you to a specialist solicitor if there’s a chance of winning your case, and if the solicitor accepts your claim, they’ll work for you under a No Win No Fee agreement.
To contact us today, please call us on 0800 073 8804. If you’d like more information about claiming for data breaches by private hospitals or care facilities, please continue reading.
Select A Section
- A Guide to Data Breach Claims Against Ramsay Health Care
- What Is A Data Breach By Ramsay Health Care?
- Applying The GDPR To Private Healthcare Providers
- How Could A Private Health Company Breach Data Privacy Law?
- Private Healthcare Providers Who Experienced Data Breaches
- Reporting A Health Or Social Care Company To The Information Commissioner’s Office
- What Could You Claim If A Private Hospital Breaches Your Data Privacy?
- Calculating How Much Compensation You May Be Awarded For A Data Breach Claim
- No Win No Fee Data Breach Claims Against Ramsay Health Care
- Find A Data Privacy Breach Lawyer
- Talk To Us
- Extra Claims Resources
A Guide to Data Breach Claims Against Ramsay Health Care
When the GDPR was first launched, most people noticed that changes were happening because of the way companies pointed out what they wanted to use personal information about us for. Those messages came by way of tick boxes when signing up to services, pop-up alerts on websites and verbally when discussing services over the phone. In some respects, we’ve become ignorant to those types of questions these days and simply click on agree so we can move on.
However, the choices you make when using different services are important because they control what companies can do with your data. Importantly, once you’ve confirmed your preferences, the company who’s taken them must agree to only use the information in the way you’ve permitted. While that is the case in most circumstances, there are mistakes, crimes or deliberate acts which could mean your data is exposed that could cause you harm. When that’s the case, it’s sometimes possible to claim compensation from those responsible.
We will provide examples of what can cause a data breach, when you may be able to pursue compensation, and what harm you could claim for throughout this guide. When making a data breach claim, you will need to do so within the limitation period. For most claims, the time limit is 6-years. In others that relate a human rights breach, the period is just 1-year. That may seem a whle, but it’s best to get started right away. This makes it easier to recall details and obtain evidence.
If you would like to ask Legal Expert any questions about data breach claims, or you’d like to discuss how you’ve been affected by one, please contact an advisor using the number at the top of the screen.
What Is A Data Breach By Ramsay Health Care?
As this article is about claiming for a Ramsay Health Care data breach, we should explain that the GDPR states that a personal data breach happens when your private information is accessed, altered, disclosed, destroyed or lost in a security breach. The information affected can be stored physically or electronically and the act that causes the security breach could be illegal, accidental or carried out on purpose.
While it is possible that a data breach won’t cause any negative effects, they can also lead to financial losses or illnesses when sensitive and personal information reaches the wrong hands.
Later on in this guide, we will provide some examples of scenarios that could lead to a data breach involving information held electronically as well as physical printed documentation.
Applying The GDPR To Private Healthcare Providers
The way in which the GDPR applies to a private hospital, healthcare provider or social care provider is no different from other types of organisation. The roles that relate to data protection defined in the GDPR include:
- A data subject – this is the patient whose personal and sensitive information needs to be processed.
- The data controller – the organisation, Ramsay Health Care in this case, who need to define how data will be processed and why it needs to be collected.
- The data processor – an organisation (or sometimes an individual) who will carry out processing on behalf of the data controller.
On top of these roles, some useful data principles are defined by the GDPR, including:
- Any processing of data should be fair, legal and completely open to the data subject.
- There must be a legitimate reason behind the processing of data which the data subject is aware of.
- Processing of personal data should be conducted in a way that is secure and confidential.
- Only a minimum amount of data should be processed.
- Stored data should be kept up to date.
- The data that has been processed is only allowed to be stored for the amount of time specified when it is collected.
- The data controller needs to demonstrate compliance with all of these principles.
If you have suffered because a data breach has occurred because these rules haven’t been adhered to, get in touch with our team for free advice. Although our guide is about claiming for a Ramsay Health Care data breach, we could help with claims against other companies too.
How Could A Private Health Company Breach Data Privacy Law?
Private health companies retain a lot of personal information about patients for very good reasons. While that information is safe most of the time, it can be exposed to third parties if mistakes relating to data protection are made. In this section, we’ve listed some of the reasons that could lead to your personal or sensitive information reaching the wrong hands.
- If a medical facility is broken into and records are accessed because a filing cabinet was unlocked.
- Where a cybersecurity issue leads to computers being infected with a virus, ransomware or malware.
- If a member of staff reads your personal records when there’s no medical reason why they need to.
- When a letter intended for you is sent to another patient incorrectly.
- Where printed documentation is disposed of with other rubbish and reaches the public domain.
- If a non-medical member of staff has too many system privileges which means they can read records they shouldn’t have access to.
- Where another patient is able to read personal information about you because a computer screen is left unlocked.
It’s worth pointing out that the ICO can fine companies for data breaches which happen because of a simple human error or if they don’t cause any harm at all. When a private healthcare provider finds out about a security breach, they should assess the risk of harm and then contact anybody who could be harmed. They should inform you, and the ICO, how the breach occurred, when it took place, and what information was accessed.
Private Healthcare Providers Who Experienced Data Breaches
Now we’re going to look at cases where data breaches have been reported to the ICO and, in some cases, the responsible party was fined.
Here are some examples:
- A software provider who provides an app so that doctors can conduct video medical consultations using a mobile phone referred itself to the ICO when an error meant some patients could view videos of other patients’ consultations.
- One private medical provider had to apologise to 108,000 patients after their records were illegally downloaded from the company database by a member of staff and shared with other private medical providers.
- A pharmacy in London was fined £275,000 for leaving 500,000 documents relating to an unknown number of patients in unlocked containers at the back of its premises.
- An HIV clinic was fined when it sent an email to around 800 patients who’d all used their services but failed to obfuscate the names and email addresses of the other recipients.
Reporting A Health Or Social Care Company To The Information Commissioner’s Office
When you’ve been the victim of a data breach and you decide that you’d like to seek compensation, you’ll need to substantiate your claims with supporting evidence. In general, you’ll need to obtain this from the organisation responsible in one of two ways: a formal complaint against the company or by asking the ICO to take a look at your complaint.
In the first instance, the ICO will recommend you complain to the company directly. The company should carry out an investigation into what’s happened and provide you with a formal response. If you’re not satisfied with their reply, they should give you details of where you can escalate your concerns to. After you’ve taken all possible steps, if you’re still not happy with the information you’ve been given, and it’s been 3-months since your last communication with the company, you can either ask the ICO to investigate or you could take legal action.
If you do go to the ICO, they will only investigate if the complaint hasn’t taken too long past the 3-months to reach them. Please bear in mind, though, that the ICO’s powers don’t stretch to issuing compensation to victims of data breaches. The only way you’ll achieve that outcome is to take your own action.
When you work with Legal Expert, one of our solicitors will review your case and, if they take it on, work out the best course of action. In some instances, they could seek compensation directly from the defendant and avoid the intervention of the ICO. In other cases, the more formal route might be required.
What Could You Claim If A Private Hospital Breaches Your Data Privacy?
There are many different aspects to a data breach compensation claim but in general, they can be divided into two categories:
- Material damages which are claimed when you’re trying to recoup financial losses.
- Non-material damages that are claimed when you’re seeking compensation for psychological injuries that have been caused by the data breach.
The way in which compensation amounts are calculated can be quite complex so we can’t explain every detail here. Once your claim has been reviewed by a solicitor though, you should have a much better idea of what you can claim for.
As an example, your claim won’t simply be for ‘psychological injuries’. Instead, your solicitor will need to use medical experts to ascertain what conditions you’ve suffered with. In addition, they’ll look at the impact that anxiety, stress or depression have had on your ability work, attend work or complete education. Additionally, they’ll review whether any of your relationships have been affected.
Similarly, when looking at financial harm, your solicitor will look beyond any current losses you’ve sustained and try to work out if you need to also claim for future losses as well. This could be the case if a cybercriminal used your personal information to take out finance in your name which could cause problems with your credit file for years.
Hopefully, this information has made it clearer just what a complex task it can be to try and achieve the right amount of compensation. If you work with Legal Expert and your claim is taken on, your solicitor will conduct a thorough investigation with you to work out exactly what can be included in your claim. Therefore, please get in touch today and let an advisor know how you’ve been affected so they can check your claim for free.
Calculating How Much Compensation You May Be Awarded For A Data Breach Claim
In some compensation claims, you’re unable to ask for compensation to cover mental harm if you’ve not suffered any monetary losses. However, in the case Vidal-Hall and others v Google Inc , heard by the Court of Appeal, it was decided that an exception could be made for data breach claims. Also, the judge ruled that compensation amounts for psychological harm in data breach claims should be valued in line with personal injury claims.
Therefore, we’ve added the table below which shows potential compensation figures relating to psychological injuries that could be caused by a data breach. The amounts listed are taken from the Judicial College Guidelines which legal professionals and courts use to help calculate settlements.
|Claim Type||Severity||Compensation Bracket||Additional Notes|
|Psychiatric Damage||Severe||£51,460 to £108,620||The victim will have a very poor prognosis due to marked problems with the ability to cope with work, education or life in general, treatment is unlikely to help, managing relationships and there will be a risk of future vulnerability.|
|Psychiatric Damage||Moderately Severe||£17,900 to £51,460||The victim sill suffer significantly and with similar problems as above but there will be a much more optimistic prognosis.|
|Psychiatric Damage||Less Severe||Up to £5,500||Symptoms that resolve in full.|
|Post-Traumatic Stress Disorder||Severe||£56,180 to £94,470||The victim will suffer many symptoms of PTSD like hyper-arousal, nightmares, flashbacks, and also suicidal ideation. Due to the permanent symptoms, all aspects of the victims life will be affected.|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730||The victim will suffer in similar ways to above but, with professional help, the prognosis will be better due to the hope that there will be some improvements.|
As you’ll notice, the size of compensation awards is determined by the severity of your injuries. To help prove the extent of your suffering, your solicitor will arrange for a local medical assessment to be conducted as part of the claims process.
During your appointment, a medical specialist will review your medical records and ask several questions about how you’ve been affected. They’ll then write down their findings in a report that will be sent on to your solicitor.
No Win No Fee Data Breach Claims Against Ramsay Health Care
When considering whether to claim compensation or not, many people are put off because they’re worried about how much the claim will cost them, especially if they lose the case. That’s the reason our team of solicitors at Legal Expert offer a No Win No Fee service for any case they take on.
To provide this service, your solicitor will need to check the viability of the claim first. After they’ve done so, and you’re both happy to continue, you’ll receive a Conditional Fee Agreement or CFA to sign.
The CFA will clearly explain what work the solicitor will carry out for you and that:
- There aren’t any upfront charges.
- No hidden fees or solicitor’s fees will be requested while the case progresses.
- If the claim is lost, you don’t have to pay your solicitor’s fees at all.
Also, the CFA will provide details of the success fee you’ll pay your solicitor if the case is won. This is a small percentage of your compensation that your solicitor will keep to cover the cost of their work. For transparency, the success fee (which is capped by law) is listed in the CFA, so you’ll know how much is payable from the start.
Find A Data Privacy Breach Lawyer
So, now that you’ve found out why you could claim for a Ramsay Health Care data breach, how will you choose the right solicitor to help you? In some cases, claimants ask familr or friends to recommend a solicitor or use online reviews to help them choose. Others simply pick the nearest solicitor to take on their case. However, all of this can be a bit of a lottery and you could end up spending a lot of time searching.
There is a simple way, though: pick up the phone and call Legal Expert today. We have a team of solicitors waiting to help you. They’ve worked on cases for decades involving all sorts of compensation claims. If yours is taken on, your solicitor will work tirelessly for you to try and ensure you receive the right level of compensation for your suffering, so please get in touch today.
Talk To Us
If you would like us to review whether you’re able to start a Ramsay Health Care data breach claim, you can contact us using any of the following methods:
- Call our team on 0800 073 8804 for free claims advice.
- Ask us to call you back when you start a claim online.
- Email details of your claim to us on email@example.com.
- Use our live chat channel to discuss your claim online.
Extra Claims Resources
Thank you for reaching the last section of this article about claiming for a Ramsay Health Care data breach. We’ve taken the opportunity to provide you with some more useful guides and resources in this section but if there’s anything else you need to know, please let us know.
Negligence Claims Against Doctors – Advice on how to report a doctor for negligence and claim compensation for any harm caused.
Data Breaches – Your Rights – A look at what rights you have if your information is lost following a data breach.
Misdiagnosis Claims – Information on when you could receive compensation for the suffering caused by a medical misdiagnosis.
Post-Traumatic Stress Disorder Symptoms – Advice from the NHS regarding the symptoms and treatment of PTSD.
Data Protection Guide – Guidance from the ICO on a company’s responsibilities in relation to data protection.
Ramsay Health Inspection Reports – Links to reports of Ramsay Health services by the Care Quality Commission (CQC).
Guide by Hambridge
Edited by Billing