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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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I had a breach of confidentiality from my GP. After

Customer Question

I had a breach of confidentiality from my GP. After investigation, they recognise their error and apologised.
Can i take it further and claim compensation for stress caused?
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Could we have the background detail here please? Have you actually suffered any loss with regard to this? Has the stress this caused been diagnosed by a medical practitioner?

Customer: replied 9 months ago.
I met the nurse and asked to be referred to Healthwise. The nurse filled the form with all my details to be posted to healthwise. I was hoping to receive an appointment but instead the form included my prescription was sent to me in my letter box without an envelope. I came back from work and was shocked to see that paper through the letter box, not knowing how and where it came from. I took it to the surgery and burst into tears when the receptionist was also shocked to see all my personal details were sent with everyone to view them. She apologises and passed it to another office. They just called to confirm there was a breach of confidentiality and they can only apologise.
Customer: replied 9 months ago.
Are you there??
Expert:  F E Smith replied 9 months ago.

thank you. This isn’t a chat service so replies can take some time. This is a breach of the provisions of the Data Protection Act but in my experience, a complaint to the Information Commissioner will merely lead to the surgery being told, don’t do it again.

You can make a formal complaint to the practice manager and ultimately, to the local Family Practitioners Committee but that isn’t going to come up with any compensation, merely an apology.

If you want to bring a claim through the county courts, because you are saying this is caused you stress, that County Court claim would fail unless you have a medical expert that confirms that you have stress and that the stress brought on by the negligence/breach of the practice. I think it unlikely you would get a medical professional to provide you with that.

This is not something that a solicitor would take on a no win no fee basis. I think you do have a claim but I think it’s a claim which is going to be very difficult to bring and prove. I’m sorry, I wish I could give you a better answer which was more favourable

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

Customer: replied 9 months ago.
Good
Expert:  F E Smith replied 9 months ago.

You should now see a box where you can actually press a button to give the service the positive rating. If you have a problem with that, please let me know and admin will deal with it for you. Thank you