Katherine Webster  |  December 21, 2020

Category: Group Actions

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Do You Qualify to Join the Harbottle Surgery Group Action?

A U.K. law firm is accepting claims over allegations Harbottle Surgery failed to protect patient records. Read below to see if you qualify and learn how to file a claim.

What is This Claim About?

A U.K. law firm is seeking claimants who believe their personal patient information may have been compromised in the 2015 Harbottle Surgery breach.

Patient records were allegedly transferred to other facilities without permission.

Who’s Eligible?

If you believe your personal patient information was mishandled, you may be entitled to seek compensation under the Data Protection Act.

How Much Compensation Will I Receive?

If the case is successful, qualified claimants will receive compensation for the illegal transfer of their patient data.
The amount each Class Member will receive will be determined in court.

How Do I Join?

Contact Data Leak Lawyers to start your claim.

Doctor sending medical records regarding the Harbottle Surgery data breach group action open claim

A U.K. law firm is seeking claimants who believe their personal patient information may have been compromised in the 2015 Harbottle Surgery data breach.

Data Protection Act Allegedly Breached 

In September 2015, National Health Service (NHS) supervisors were accused of violating data protection laws by passing along patients’ medical records without their consent, according to a BBC report at the time.

As the Harbottle Surgery in Northumberland closed, NHS England suggested patients sign up with nearby practices, telling some of the patients that their records would be transferred automatically.

According to NHS England, only vulnerable patients were moved, with the agency aiming to provide “continuity of care,” according to a patient letter obtained by the BBC.

“All of your medical notes will automatically transfer and you will be able to access services from your new practice immediately,” the letter said. 

Local councillor Steve Bridgett told the BBC he would be filing a formal complaint over the issue with the Information Commissioner’s Office.

Bridgett said some of Harbottle’s 800 patients had chosen not to register elsewhere because they worried it would mean the rural surgery’s reopening would be less likely.

“I think NHS England are continuing to show a flagrant disregard towards the wishes of the Harbottle patients,” he reportedly told the BBC.

“NHS England have breached the Data Protection Act by transferring the medical files of patients (who are of sound mind and judgement) without their consent,” Bridgett said in an email to NHS Director of Commissioning Christine Keen.

Residents have asked for the return of a previous long-term locum.

Keen told the BBC “NHS England has been in contact with some of the most vulnerable patients who were previously registered with Harbottle surgery to ensure that they have continuity of care.”

She said part of ensuring that continuity included “provisionally” allocating patients “to a new doctor in the local area.”Medical files regarding the Harbottle Surgery data breach group action

“However all of these patients have been given the option to register with another GP practice if they wish, where possible,” she added. “Patient safety remains our primary concern and we will continue to liaise with patients closely during this process.”

Harbottle Surgery Doctor’s Privacy Breached 

Harbottle Surgery closed after Dr. Rina Miah decided to withdraw from her contract in August 2015, according to the BBC.

However, the NHS England was later made to pay damages to Miah after it was determined her own privacy had been breached.

According to Careappointments.com, NHS England breached Miah’s privacy by making a statement to the BBC that she was being investigated.

Miah’s counsel told London’s High Court that in January 2014, information about Miah’s patient information was received through a confidential NHS service.

Despite assuring Miah the investigation into the matter would be kept confidential, in September 2015, NHS England gave a press release to the BBC that inaccurately stated Miah was under investigation by NHS Protect, according to Careappointments.com. The statement was repeated during a broadcast the following month, and a story making the same allegation was published on the BBC’s website.

Two months later, the investigation was closed with no further action being taken due to the amount of press attention it was receiving, Miah’s counsel told the High Court.

“The presumption of innocence stands and therefore the claimant is not liable for any of the matters for which she was investigated,” counsel said.

Miah’s counsel told London’s High Court the “wrongful and unlawful” statements made by the NHS had caused Miah emotional distress.

NHS England agreed to pay Miah damages and costs, according to Careappointments.com.

The agency’s counsel said it accepted Miah’s personal information should not have been given to the BBC and offered apologies.

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