Lost Medical Records Compensation Claims In The UK

You are likely reading this guide to find out whether you could claim lost medical records compensation. A successful claim could help you recover your financial losses and move forward with your life. We understand that this situation can be extremely stressful, which is why this guide breaks down some key facts you should know about starting a data breach claim.

Key Takeaways In Lost Medical Records Compensation Claims

  • You may be eligible to claim compensation if you were psychologically injured due to a data breach, whereby the organisation did not act according to data protection law.
  • There are a variety of cyber and non-cyber situations in which your medical records could be lost, giving rise to an eligible claim.
  • Your compensation could cover the suffering resulting from mental injury and the financial losses associated with the injury.
  • An expert solicitor from our panel could help you to proceed with a data breach claim, providing you with support and advice on a No Win No Fee basis.

You can contact our team of advisors at any time to ask about your eligibility and the legal services on offer. They will advise you free of charge and could connect you to our panel of data breach lawyers. There is no obligation to follow up with a claim, so why not enquire today?

Person holding a magnifiying glass over table displying a padlock and the words 'data breach'. Lost medical data could give rise to a personal data breach claim

Jump To A Section

  1. Can I Make A Data Breach Claim If My Medical Records Are Lost?
  2. Do Medical Records Contain Personal Data?
  3. How Can Medical Records Be Lost?
  4. Proving A Personal Data Breach Claim
  5. How Much Compensation Could I Get If My Medical Records Were Lost Or Stolen?
  6. Claiming Compensation For Loss Of Medical Records With A No Win No Fee Solicitor
  7. Learn More

Can I Make A Data Breach Claim If My Medical Records Are Lost?

You could be eligible to claim lost medical records compensation for the loss of your medical records if you can prove:

  • An organisation did not act according to data protection law
  • As a result, your medical records were lost, and your personal data was breached
  • This caused you mental harm, such as psychological distress or financial losses

Data protection law in the UK includes the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). These laws outline how the data of UK citizens can be processed and controlled. Organisations must handle all personal data in accordance with these laws.

The Information Commissioner’s Office (ICO) is the body that upholds the data protection rights of UK citizens. They monitor organisations to check whether they uphold the data protection principles. These require organisations to keep your data:

  • Up to date and accurate
  • Used in a way that is transparent, fair and lawful
  • Not stored for longer than is required
  • Handled with accountability
  • Used purposely and minimally
  • Handled confidentially

Who Could I Claim Against?

There are a number of organisations that hold your medical records and are responsible for keeping the information safe. Examples include:

Please get in touch with our team of advisors if you have any queries about claiming lost medical records compensation and who you can claim against. They can discuss the specifics of your case and let you know whether you can proceed with a No Win No Fee solicitor from our panel.

Do Medical Records Contain Personal Data?

Personal data refers to information that could be used, either on its own or in combination with other types of information, to identify you. Examples of personal data may include your:

  • Personal mobile or telephone number
  • Full name
  • Postal address

Your medical records will include some, if not all, of these pieces of information. This means that the loss of your medical records is a breach of your personal data.

What Is Special Category Data?

Most importantly, your medical records will contain data that is considered highly sensitive and should always be kept secure. This is known as special category data.

Special category data covers information that refers to your:

  • Personal medical data
  • Sex life or sexual orientation
  • Membership of a trade union
  • Spiritual or religious beliefs
  • Ethnic origin or race
  • Genetics

If you’re not sure whether the data you have lost is legally protected, please contact our team for further advice. They are experienced in handling such cases and can help you with your next steps.

Padlock on and credit cards stacked on top of a laptop, representing the financial risk that can come with a personal data breach. Financial losses could be recovered through data breach compensation for a valid claim

How Can Medical Records Be Lost?

Data breaches can be cyber, involving the digital space. They can also be non-cyber, typically involving physical written copies of your data. Your personal data should be locked away or secured. However, many instances can lead to the loss of your medical records. Examples of data breaches you could claim for include:

  • Due to human error, the administrator at the GP surgery threw away physical medical records in the normal waste
  • Similarly, someone could misplace a physical copy of your medical records and they could be taken by an unauthorised person
  • A GP stores all medical records on a memory stick. They accidentally leave the device on a train.
  • A hospital failed to update its cybersecurity. This allows hackers to infiltrate the database containing medical records. They steal the file using ransomware

You could be eligible to claim lost medical records compensation if any of these instances have caused you psychological injury or financial losses.

How Common Are Medical Data Breaches?

Although there are laws in place that necessitate appropriate behaviour when handling personal data, medical data breaches do occur. According to the ICO, 2,446 data breaches in the health sector were reported in 2024. This was an increase from the 1,918 cases reported in 2023. 

These instances would not all relate to lost medical records. However, this is a common cause of medical data breaches.

It can feel isolating when your medical records are lost. However, you are not alone in this stressful situation. Get in touch with our team today to enquire about starting a claim for lost medical records compensation.

Proving A Personal Data Breach Claim

You will need to provide evidence in order to claim compensation for lost medical records. This could include:

  • A notification letter- an organisation may send you a letter to inform you of the data breach and explain which pieces of your data may have been compromised
  • Payslips and bank statements- these could confirm lost income
  • A copy of your medical records or a letter from a psychologist
  • A report from the ICO- if you report the breach to the ICO, their findings could strengthen your claim

You can speak with our advisors at any time for more information about the evidence that could help your case.

How Much Compensation Could I Get If My Medical Records Were Lost Or Stolen?

You could receive compensation for your psychological injuries, the associated financial losses, or both. Non-material damage is the psychological harm you have suffered and the compensation covers your pain and suffering.

The Judicial College Guidelines (JCG) provide compensation guideline brackets based on varied types and severities of injury. We have included some figures from the JCG in the list below. It is essential to note that these figures do not guarantee the amount of compensation that you could receive. You should only consider them as guidelines.

If you would like a tailored estimate of what you could receive compensation for, please contact our team of advisors. They can perform a free case assessment to give you a better idea of how much compensation you could be owed. They can also address any queries you may have about claiming lost medical records compensation.

The first figure from this list was not taken from the JCG.

  • If you have suffered multiple injuries with the associated financial impact, such as lost income, you could claim up to £500,000+
  • The compensation bracket for severe psychiatric damage assesses a person’s ability to handle their daily life and the impact on their relationships. The guideline award for this bracket is £66,920 to £141,240
  • In moderately severe cases, involving significant issues coping with daily life, but a better prognosis than severe cases, the bracket is £23,270 to £66,920
  • The moderate bracket covers cases where the injured person has a significant improvement in their symptoms with an optimistic prognosis. This bracket is £7,150 to £23,270
  • For less severe cases, assessing the impact of the disability and how long it persisted for, the compensation bracket is £1,880 to £7,150
  • For claimants who have suffered severe Post-Traumatic Stress Disorder (PTSD) the compensation bracket could be between £73,050 to £122,850. This includes cases where the injured person suffers permanent effects and cannot function as they did prior to their injury.
  • Moderately severe cases involve a similar experience to severe cases but come with an improved prognosis and partial recovery through professional help. This bracket is £28,250 to £73,050

Material Damage Compensation

Material damage is the financial harm you have suffered because of the data breach. Examples of costs you could recover include:

  • Medical expenses (such as the cost of therapy)
  • Lost income due to time taken off work
  • Relocation costs (if you have to move house due to the breach)

If you have any questions about how compensation is assessed, please contact our team of advisors. They can discuss the specifics of your claim and explain what you could receive compensation for.

Two data breach solicitors sit at a desk completing paperwork. There is a gavel and scales of justice in the foreground

Claiming Compensation For Loss Of Medical Records With A No Win No Fee Solicitor

You may believe that you could be eligible to claim lost medical records compensation and want to know why you should seek the help of a No Win No Fee solicitor. Our panel of solicitors have dealt with thousands of claims of this nature. They offer great services to help make the road to gaining compensation easier for you. These include:

  • Helping you to collect evidence to strengthen your case
  • Drawing on their knowledge of the legal system to try to settle your claim outside of court
  • Explaining legal terms and processes to assist with your understanding of the claim
  • Handling correspondence with the defending party and skilfully arguing your case to maximise compensation

Get In Touch Today

Contact our team of helpful advisors to find out if you can access our incredible legal services. They can discuss the details of your case and outline what you could receive compensation for. You could find yourself one step closer to recovering your losses, so reach out today:

Learn More

Visit our other data breach guides:

External resources:

Thank you for reading our guide on lost medical records compensation.