Lost Medical Records Compensation - Can I Claim for Missing Records?

Lost Medical Records Compensation

Lost Medical Records Compensation


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    When you think of medical negligence claims, cases relating to misdiagnosis, surgical errors, prescription errors and the likes easily come to mind. While these are common grounds for seeking medical negligence compensation, the loss of medical records is a weight issue. Then you may be able to claim for Lost Medical Records Compensation in UK.

    Although the loss of medical records is one of the lesser-known grounds for medical negligence claims, statistics show it is quite prevalent. In fact, according to the Telegraph, 5,000 medical records were lost on a daily basis in 2012.

    Over the course of your medical care, you could see different specialists; each interaction with a medical professional requires documentation so the next person treating you fully understands your symptoms as well as the nature of treatment you have already received, plus its effects. 

    When medical data loss happens, it creates a hole that may mean a patient does not receive the right care. Whether your medical data was lost by a private provider or the NHS, you can make a claim for lost medical records compensation.

    Lost Medical Records

    How Can a Medical Professional or Hospital Lose Your Medical Records?

    There are a number of ways that a medical professional or hospital could lose a patient’s medical records. The most common include mistakes in delivery, hacking, theft of data from a medical professional’s laptop, and incorrect elimination of data, and even forgetfulness.

    An example of forgetfulness: consider nursing negligence cases where a nurse fails to register the time of dose of a patient’s medication; this could lead to a disastrous end.

    Medical records generally include:

    • Laboratory results
    • Handwritten notes
    • Signed consent forms
    • Electronic reports
    • Letters from medical professionals, and those between medical professionals and patients
    • Reports from monitoring equipment

    Whether this was under a GP practice or NHS Trust, you may be entitled to a compensation claim if loss of data causes you pain or injury.

    The Impact of Lost Medical Records

    The loss of medical records can have a devastating impact on a patient. The major reason for this is that it affects a medical professional’s ability to fully diagnose and treat a patient. The safe and confidential storage of patient records is one of the duties that medical professionals must exercise caution with, as it is not on you, as the patient, to keep track of your medical history. 

    To put this is context, it is near impossible to remember the exact date a person had their vaccination boost or pap smear. It is for this reason that record storage is crucial.

    If parts or all of a patient’s data goes missing, this can be dangerous for the person’s health. It could mean your surgeon performs an operation without knowing about a condition you suffered in the past that could cause complications. It could also mean a doctor administers medication that is ineffective or even causes further problems. 

    Worse still, it could mean moving to a new house or area, losing your job and even separation. The impact of loss of medical records can cause diagnosable psychological injury, and this may not be the case until months after the initial breach.

    Claiming Compensation for Loss of Medical Records

    If your medical professional or hospital cannot find lost medical records, you deserve compensation because it was not your fault that they lost your records, and it is their duty to inform you about the loss and try to fill the gap as soon as possible. Stolen medical records can put you in danger I sold or made public; there is a reason they are confidential.

    Medical Negligence Direct works with a panel of medical negligence experts who handle all types of medical negligence claims, including lost medical records. We offer a free, no obligation consultation with victims of medical negligence to provide answers to any questions that may concern them. 

    Following this initial consultation, we will thoroughly assess your situation to determine whether there are valid grounds for a claim, and let you know what the process involves.

    How to Start a Claim for Lost Medical Records

    Our friendly panel of solicitors will advise you on whether you have legitimate grounds to make a claim against a medical professional or health organisation responsible for your care. If you are not sure whether your personal information has been lost, we can find this out for you.

    Once our solicitors establish that there are grounds to seek lost medical records compensation, we will contact the healthcare provider that failed to protect you or your child’s personal information. We will manage the claims process for you where we believe the security processes of the healthcare provider let you down.

    Whether you are seeking compensation for lost prescription UK, you are wondering how to get my medical records, or you seek a letter for a missing result, we can help. The nature of the claim will depend on the responsible party. 

    For instance, you can make a GP negligence claim if a doctor lost my medical records, or hospital negligence claim if the hospital is responsible for the loss. Ultimately, you can rest assured we will support you through your claim for medical negligence.

    What Compensation Can You Claim for Loss of Medical Records?

    You can make a claim for a medical data breach if your medical professional or hospital has failed to protect your personal data – whether or not you have suffered harm as a result. However, if it has caused you pain, suffering, and/or financial harm, you can make a more significant claim.

    • Financial harm

    With the information gotten from a medical data breach, criminals can access your existing accounts, apply for credit in your name, and set up fraudulent accounts. Without doubt, the extent of financial loss after a medical data breach can be devastating.

    • Distress

    A personal data breach is equivalent to a burglary. If a criminal came into your home and stole your personal items and private information, this would definitely cause you distress. So, even when no financial loss has been incurred, this does not mean you haven’t suffered harm.

    Being a victim of a medical data breach can cause you mental and physical distress. For some, the impact may include illness, lack of sleep or confusion; the stress can also affect your loved ones and your job.

    What are the Dangers of Loss of Medical Records Negligence?

    The NHS does an excellent job in taking care of millions of patients every year, despite the challenging circumstances it is faced with. It is for this reason that no one would want to sue the NHS. However, the sheer amount of personal information these healthcare institutions hold is enough to expose us to the risk of fraud and distress.

    Given that most lost medical records in the NHS are due to human error, something should be done to hold them more accountable for the harm resulting from a data breach. What’s more, in today’s digital age, every personal information has high value and, when an individual’s personal data is compromised, they have the right to seek compensation – whether they have suffered actual or potential harm.

    How are medical records stored in the UK?

    If you are registered with a GP practice in England, your medical history is stored in an electronic file known as a Summary Care Record (SCR).

    Who is responsible for medical mistakes?

    If your medical professional is employed by a hospital, the employer is held responsible. On the other hand, you can make a claim against a medical professional if he/she is private practice.

    What happens if my medical records have gone missing?

    If your medical records have been lost due to the negligence of a medical professional or hospital, then you may be able to sue for the loss of medical records for compensation.

    No Win No Fee Medical Negligence Claims

    Have you been a victim of GP negligence, hospital negligence or any other type of medical mistake? Have you suffered an injury or illness as a result? Then you have the right to seek compensation. At Medical Negligence Direct, our goal is to make the claims process as hassle-free as possible or you; we believe that every victim of medical negligence deserves an opportunity to seek resolution.

    If we think there are valid grounds for a claim, we will offer to work with you on a No Win No Fee basis – an arrangement that means you do not have to pay us anything until your case is successful. If you claim is successful, a 0-25% success fee will be deducted from your final compensation award.

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