NHS confidentiality breach and the consequences

The consequences of an NHS confidentiality breach can be severe, which is why claims for medical data breach compensation must always be taken seriously.

A large volume of the individual claims we take forward are NHS data breach compensation claims. They can be common because of the volume of data that our national health service is responsible for processing and storing. On top of that, any data breach or leak involving medical data is generally severe given that it’s personal and sensitive information.

Data breach compensation amounts for these kinds of cases can be typically high. But what amounts to a legal case, and can we help you?

When can you claim for an NHS confidentiality breach?

You may be eligible to make a claim for compensation arising from an NHS confidentiality breach where your personal information has been misused or exposed. You may be able to claim for widespread system problems, and you may also have a case where an employee of the NHS is the cause of the incident.

An infamous example of an NHS employee leak which stemmed from a lack of proper systems and procedures in place was the 56 Dean Street clinic incident we’re fighting for justice in.

Your medical information is, of course, regarded as private and very sensitive. If there has been an exposure or a loss of control over your information, you can be entitled to make a claim.

What do you claim for?

When it comes to an NHS confidentiality breach, you can typically claim for:

• The distress caused as a result of your information being exposed and / or misused;
• Financial losses associated with the breach. This could be time off work that’s caused by the distress that stems from the breach.

Generally speaking, the more you suffer, the more a claim can be worth. Victims tend to suffer more when the nature of the information is personal and sensitive, which it often is when it comes to medical data. That’s why compensation amounts can be high.

Can we help you with your NHS confidentiality breach?

We may be able to represent you on a No Win, No Fee basis for an NHS confidentiality breach if you meet our eligibility criteria.

It’s always best to speak to the team as we’re more than happy to offer free, no-obligation advice. But generally speaking, we may be able to help you if the following applies:

• The breach took place in England or Wales;
• You have suffered distress as a result of the incident;
• The breach took place in the last three years, or within the last six years at the very least.

In terms of when the breach took place and when you initiate a case, this may affect the overall outcome of the case. That’s why we always recommend that you start a case sooner rather than later.

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