Medical reports for data breach claims
Independent psychological and psychiatric reports for people affected by a data breach, prepared by HCPC-registered psychologists or GMC-registered psychiatrists to CPR Part 35 standards and reviewed for compliance before delivery.
Expert Medical Examination is an independent medical reporting organisation. We prepare independent psychological and psychiatric reports for people affected by a data breach, working with the solicitors who handle these claims. Where personal data is lost or misused, some people experience genuine psychological harm, from anxiety and low mood to a diagnosable psychiatric condition, while others feel understandable upset that falls short of a clinical injury. Our role is to assess which is which. An HCPC-registered practitioner psychologist or a GMC-registered consultant psychiatrist examines the affected person, sets out the nature and extent of any harm, and gives an opinion on whether it is linked to the breach. We provide the medical evidence; we do not give legal advice or advise on data protection law.
Compensation in a data breach claim can include damages for distress and for psychological injury caused by the loss or misuse of personal data under UK GDPR and the Data Protection Act 2018. The medical question is whether a recognised psychological or psychiatric condition exists, how severe it is, and how long it is likely to last. If you are a solicitor handling a data breach claim and need an independent medical reporting organisation (MRO), our reports are prepared to CPR Part 35 and Practice Direction 35, cover causation and prognosis, and are reviewed for compliance before delivery.
Psychological and psychiatric expertise
Reports are prepared by HCPC-registered practitioner psychologists and GMC-registered consultant psychiatrists who assess mental health for the courts. A data breach can trigger anxiety, low mood, sleep disturbance or a diagnosable condition, and each affected person is seen by an expert who works in that clinical field.
Causation and severity assessment
Not every data breach causes a psychiatric injury. The expert distinguishes genuine psychological harm from ordinary upset, assesses how severe any condition is, and gives a reasoned opinion on whether it was caused or worsened by the breach rather than by other events in the person's life.
Independent and CPR Part 35 compliant
Every report carries the declarations and statement of truth that CPR Part 35 and Practice Direction 35 require, and is checked for compliance before delivery. The expert's overriding duty is to the court, so the opinion is independent of the party who instructs and pays for the report.
Independent medical evidence for data breach claims
A data breach can leave someone genuinely distressed, and sometimes with a diagnosable psychiatric condition. We provide clear, independent reports that set out any psychological harm, whether it is linked to the breach, and the likely recovery, so the claim can be assessed on sound medical evidence rather than assumption.
- Psychological injury reports for data breach claims
- Consultant psychiatric assessment where a diagnosable condition is suspected
- Anxiety and low mood assessment following a data breach
- Post-traumatic stress disorder assessment where relevant
- Assessment of aggravation of a pre-existing mental health condition
- Condition and prognosis opinion on likely recovery
- Causation opinion linking any psychological harm to the breach
- Distinction between diagnosable injury and ordinary distress
- Responses to Part 35 questions within agreed timescales
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