A man has been awarded a total of 17,300 Pounds in clinical malpractice compensation after the unauthorised access of his medical records resulted in the worsening of his paranoid personality disorder.
Judge Cotter QC, sitting at the Plymouth County Court, heard how the medical historys of Sean Robert Grinyer of Plymouth, Devon, had been access and disclosed by Mr Grinyer´s ex-partner who was, at the time of the offence in December 2007, employed at the hospital as a nurse.
This unauthorised access and disclosure was claimed by Mr Grinyer´s legal counsel to be in breach of S.13 of the Data Protection Act 1988 and the action by the claimant´s partner, plus an alleged mis-handling of his following complaint, had caused Mr Grinyer´s pre-existing paranoid personality disorder to worsen. It was also argued in the action against Plymouth Hospital NHS Trust that the deterioration in his condition had also caused Mr Grinyer to reject an offer of temporary employment.
After hearing expert medical testimony in respect of Mr Grinyer´s paranoid personality disorder, Judge Cotter QC ruled that the exacerbation of his condition did indeed constitute an injury and was due to negligence on behalf of the Plymouth Hospital NHS Trust. The judge awarded Mr Grinyer 12,500 Pounds in clinical malpractice compensation for the injuries he had sustained plus an additional 4,800 Pounds for loss of earnings when unable to accept the offer of employment.