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A GP Signed Off The Wrong Person – Can I Claim Compensation?

This guide will look at who can claim compensation if a GP signed off the wrong person from work by sending your fit note to someone else.

GP signed off the wrong person data breach claims guide

GP signed off the wrong person data breach claims guide

If you have a medical condition that prevents you from working, you may need to obtain a fit note from your doctor. This is also known as being signed off work.

However, if your doctor or GP sends your fit note to the wrong person, this could allow an unauthorised person access to your personal data, which could cause you significant harm.

The personal data of UK residents is protected under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). We will discuss this legislation in this guide, and we will also discuss important data breach definitions.

Please continue reading this guide to learn more about making a personal data breach claim. Or you can contact our team to enquire about claiming data breach compensation. If our advisors find your claim to be valid, they may then put you in contact with one of our solicitors.

Please get in contact with Legal Expert today to learn more:

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What Are Data Breaches By General Practice Doctors?

All data controllers and data processors must comply with the legislation mentioned above when they handle the personal data of UK residents. A data controller establishes why using your data is necessary and how they intend for it to be processed. Then, the processor processes your data on the controller’s instructions.

Personal data is any information that could identify you. This is alone or in conjunction with other information. For example, your phone number is an example of personal data, as is your email address. Personal data also includes special category data. This is data that needs added layers of protection because of its sensitive nature. Some examples of special category data include your trade union membership status and your health information.

If a security incident occurs, and this affects the integrity, availability, or confidentiality of the data above, this is a personal data breach. However, you may not be able to claim for every personal data breach. We will discuss the eligibility of claims later on in this article.

If a GP signed off the wrong person from work by sending your fit note to someone else, and this has caused you to experience harm, get in touch with our advisors today.

Why Do Doctors Sign People Off Work?

If you are unable to work due to an injury or an illness for seven days or less, then your employer should not ask for any medical proof of your illness. Instead, they should ask you to fill in a form on your return. This is called self-certifying.

However, if you are unable to work for more than seven days, then your employer may ask you for a Statement of Fitness for Work, more commonly known as a fit note. This informs your employer of your fitness for work, either asserting that you are unable to work or that you may be able to fulfil your duties with appropriate allowances made. For example, your doctor may advise that you work from home.

Because of this, your fit note may contain both personal data and special category data. As such, if your GP signed off the wrong person by sending your fit note to someone else, you may be able to make a claim.

A GP Signed Off The Wrong Person – What Impact Could There Be?

The impacts of a personal data breach can be significant and long-lasting. However, not all instances of a personal data breach can be claimed for. This is because the breach has to be caused by the failings of GP surgery, and it must result in you suffering harm.

For example, if your fit note is sent to the wrong person, this could allow an unauthorised party to gain access to both your personal and special category data. This could lead to you suffering psychological injuries, such as anxiety, depression, or PTSD.

If these illnesses are severe, then you may need to take time away from work to recover. This means that you may lose out on earnings during this time. Similarly, the information on your sick note could be used to impersonate your identity, and credit cards could be opened in your name.

Read on to learn more about compensation for the impacts of a personal data breach.

GP Signed Off The Wrong Person Case Study

We will now look at a case study in which a GP signed off the wrong person.

Mrs L suffered from Generalised Anxiety Disorder (GAD). She felt unable to cope with her symptoms, and she visited her GP, who signed her off work for two weeks. However, her GP gave her fit note to Mrs L’s sister, who shares the same surname for her and receives treatment at the same practice.

Consequently, Mrs L’s sister told the rest of Mrs L’s family about her mental health problems without her permission. This affected Mrs L’s family relationships, causing stress and worsening her pre-existing mental health condition. Because of this, she was able to claim compensation.

Get in touch with our team today to learn more about making a personal data breach claim.

Average Settlements For Data Breaches By A Doctor

There are two areas of harm that you could suffer because of a personal data breach. These are:

  • Material damage: This area of harm encompasses the financial impacts of the breach. For example, charges made to your credit card in your name or damage that has been done to your credit score.
  • Non-material damage: Non-material damage is the area of harm that covers the psychological injuries you sustain because of a data breach. For example, if you suffer from stress, or anxiety because of a data breach, these fall under non-material damage.

Every claim is different, and as such, every settlement is unique. Because of this, we cannot provide an average settlement for GP data breach claims. However, below, you will find a table listing various forms of non-material damage, along with guideline compensation amounts from the Judicial College Guidelines (JCG). These figures help legal professionals value claims.

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Mental Health Impacts Payouts Notes
Mental Health Injuries – Severe £54,830 to £115,730 Symptoms that are severe and long-lasting have a negative effect on the ability to cope with all areas of daily life.
Mental Health Injuries – Moderately Severe £19,070 to £54,830 Symptoms in this bracket are similar to the above, although the prognosis is better.
Mental Health Injuries – Moderate £5,860 to £19,070 The symptoms in this bracket show a significant amount of improvement by the time of trial.
Mental Health Injuries – Less Severe £1,540 to £5,860 This bracket considers the amount of time affected by symptoms and the effect these symptoms have on activities such as sleep.
PTSD – Severe £59,860 to £100,670 The trauma has permanently negatively impacted the person and will prevent them from working or functioning as they would have before.
PTSD – Moderately Severe £23,150 to £59,860 The prognosis is improved here due to the chance of some recovery through professional treatment.
PTSD – Moderate £8,180 to £23,150 A large level of recovery occurs, and non-disabling symptoms are the only kind that persist.
PTSD – Less Severe £3,950 to £8,180 Within 1-2 years, there is a virtually full level of recovery. Some symptoms may persist, but these are only minor.

Please note that this table only refers to non-material damage compensation, and the figures used are guidelines only. Because of this, the actual amount you could receive may differ. Contact our team today to learn more about claiming compensation if the GP signed off the wrong person.

Talk To Us If A GP Signed Off The Wrong Person And Exposed Your Data

If your personal data has been compromised in a medical data breach, and this has caused you harm, then you may be eligible to make a claim. This can seem daunting, but our data breach solicitors could help you through the claims process with a No Win No Fee arrangement.

Our solicitors could provide you with their services under a Conditional Fee Agreement (CFA). This means that you get access to legal representation, advice, and more help, all generally without having to pay your solicitor any upfront fees.

The only fee your solicitor will request when working under a CFA is a success fee if your claim succeeds. This success fee is taken from your settlement amount, and it also has a legal cap. But, if your claim does not succeed, then your solicitor will not take a fee for their services.

To find out if you could be eligible to claim with the help of one of our solicitors, get in touch with our team today:

Learn More About Data Breaches

We have more helpful guides regarding personal data breach claims:

Or, for more helpful resources:

Thank you for reading our guide to making a data breach claim if a GP signed off the wrong person.

Written by Chelache

Edited By Hampton

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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