We provide a free, no-obligation consultation so you can ask all the questions you want. In addition, we can get a sense of whether you can claim compensation and what the process involves. In short, we believe you should have access to expert legal representation and advice. Talk to us today if you suffer an injury or your condition is made worse due to negligent medical care. We can help you obtain compensation to make sure you do not suffer financially.
When someone suffers from an illness or injury as a direct result of the negligence medical practitioners have shown you, then you have every right to put forward a medical negligence claim.
As medical negligence claims experts, we believe that every person who has been affected by medical malpractice deserve the opportunity to be able to seek resolution from the medical industry. The medical negligence solicitors we work with operate under this agreement in order to enable everyone access to proper legal representation without having to worry about paying upfront costs.
You can fill in our contact form and let us know when you want us to call you. We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be without providing you with any risk. We assess each claim on its merits with the information provide, which aids us to determine its likely success rate.
Our personal injury lawyers are committed to securing the best possible outcome for you while providing expert support with every step of the way. Each client is provided with their own Medical Negligence lawyer who will work on the case from start to finish, being there every step of the way. Why not leave your details and one of experts will give you a quick ring.
Alternatively you can ring us on between 8am - 7pm: Skip to content. Experts in Lost Medical Record and Missing Test Results Claims If a healthcare professional has lost your medical records and it has a lasting effect, we may be able to help you make a claim. Start your claim. Find out how much your claim could be worth now…. If denied, the denial must be provided to you in writing. Under the law, there are some instances when your health information may be withheld, although these limitations are subject to broad interpretation.
These include:. If you feel you are being unfairly denied access to specific medical records, you can file a complaint with the Office of Civil Rights OCR at the Department of Health and Human Services. You can do the same if your medical confidentiality has been breached. If the OCR agrees that your complaint is justified, it will instruct the healthcare provider or facility to take corrective action or enforce a settlement if actual harm was done.
The complaint must be filed within days of the violation. The law also prohibits retaliation on the part of the covered entity if a complaint is lodged, such as the termination of services or an increase in the cost of services. Most practices or facilities will ask you to fill out a form to request your medical records.
This request form can usually be collected at the office or delivered by fax, postal service, or email. If the office doesn't have a form, you can write a letter to make your request. Be sure to include:. Once the request has been made, you may have to wait a while before the records are actually received. State laws vary but typically require delivery within 30 to 60 days. Be sure to keep a copy of the original request, and contact your state's Department of Health if you fail to receive the documents after repeated attempts.
Be aware that you may have to pay for the cost of your medical records if you want them delivered on paper, by fax, or via electronic media. While the price can vary, it must be reasonable. Moreover, you are entitled to the records even if you haven't paid the healthcare provider or facility for the procedure involved.
The records cannot be withheld for non-payment, and you cannot be charged an exorbitant fee to compensate for the non-payment of services. If monies are owing, the healthcare provider or facility can pursue avenues for collection, such as legal action or a debt collection service. If your healthcare provider retires or is no longer in practice, all medical records must still be maintained under the law. This pertains even if a healthcare provider has died or dissolves the practice without a sale.
Under the law, the medical records should be transferred to another healthcare provider that agrees to accept the responsibility. If a provider cannot be found, the records may be archived with a reputable commercial storage firm.
Similarly, if your healthcare provider has left the practice but the practice is still operating, your records must be maintained by the remaining members. If the practice was sold, the new practice will be responsible for the maintenance of the records and be liable if the records are lost or mishandled. Tracking down your records can sometimes be a challenge, particularly if a healthcare provider's office was closed with no forwarding details.
In this instance, there are several things you can do:. If all else fails, you may need to reconstruct your file by contacting the various labs, hospital, or specialists you used. Your health insurers, both past and present, can provide you with the details of any claims made on your behalf. Once you've obtained a copy of your medical records, review them carefully.
If you find errors or omissions, you will want to have them corrected immediately to ensure that they don't compromise your future care. Most providers will agree to correct factual errors or track down reports that should have been maintained in your file. However, this does not extend to differences of opinions for which your healthcare provider has the right to express a medical opinion.
This includes notes regarding contributing factors to an illness such as alcoholism or HIV that you would rather not have in your medical records. Altering or omitting the records would not only be ethically problematic, it could subject the healthcare provider to legal action.
With that being said, if you believe that the refusal of a correction is unjust or places you in harm's way, submit a complaint to the OCR detailing the dispute. They can review the evidence and decide if the correction is warranted. There are different types of damages you could be awarded if you claim lost medical records compensation in the UK.
These could include:. According to media reports, in , the NHS lost 1. This could be put down to the number of interactions that are undertaken by medical professionals. During an illness, or while you are suffering from a medical condition, you may see a number of different medical professionals, each of which could add to your medical notes by documenting your appointments, any tests carried out and their results.
Lost test results could not only lead to an interruption or delay to your treatment, but they could also lead to an illness or injury being treated inappropriately. If a healthcare provider loses test results, and your treatment is delayed, this could lead to an injury or illness getting worse.
It may even become harder to treat. Our data breach lawyers could help you claim compensation for loss of medical records that causes financial damage or psychological harm. We could also provide you with a medical negligence solicitor should the loss of your medical notes cause issues with your treatment. If you would like to claim compensation for the loss of medical records, you could seek out a data breach lawyer to help you. There are plenty of law firms that could offer such services.
So how could you find an appropriate solicitor that suits your needs? You could ask friends and family for a recommendation, or search independent review websites to narrow down your search.
We have been assisting claimants for years and helping them get the compensation they deserve for a wide variety of cases. During this time, we have received great reviews attesting to:.
You can read our reviews by clicking here. When data breach solicitors and courts calculate compensation for loss of medical records claims, they would need to assess how the loss has impacted you. Under GDPR, you would have the right to claim for both material and non-material damages caused by a data breach. This means not only could you claim any financial loss, but you could also claim compensation for the psychological harm you suffer, such as anxiety, and distress.
In a case from , Vidal-Hall and others v Google Inc [] , the Court of Appeal departed from the previous position that it was necessary to have suffered financial damage in order to claim for mental suffering too. This set a new legal precedent for those who have been harmed by data breaches. Now you can claim for damage caused to your finances or to your mental health too. Solicitors and courts assess the relevant evidence surrounding a case to come to an appropriate figure for compensation.
You would, therefore, need to submit medical evidence of your psychological injuries in order for you to claim such damages. As part of your data breach claim, you would need to have an appointment with an independent medical expert. The expert would write a report based on this assessment, detailing your injuries and their opinion on your prognosis.
Lawyers and courts could use this evidence in combination with previously decided cases similar to your own, and a publication called the Judicial College Guidelines, to arrive at an appropriate value for your claim.
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