Background

Mr Matthew McConville, Head of Irvings Law’s specialist Data Breach Department, has successfully represented a client in a claim for compensation against a plastic surgeon. Due to confidentiality, the client will be referred to as Mrs A and the plastic surgeon will not be named either.

Mrs A attended a consultation with a plastic surgeon whom was not informed that her procedure was to be filmed. At her follow-up appointment, the plastic surgeon asked Mrs A if she would like to view the footage of the procedure which was the first time she became aware of its existence. Then, months later, Mrs A came across the plastic surgeon on Facebook and he had posted a video link to YouTube where he had published the above said footage without Mrs A’s consent.

Representation

Given the above, Mrs A approached specialist Data Breach Solicitors, Irvings Law, for assistance. Mr McConville immediately acknowledged that what happened was completely wrong and without hesitation, offered to act for Mrs A by way of “no win, no fee” presenting a claim to the plastic surgeon on the basis her human rights to privacy were breached as well as GDPR following this misuse of private information.

Resolution

After presenting the claim, the plastic surgeon (whom subsequently faced disciplinary investigation from his regulatory body) surprisingly denied liability. As such, Mrs A was left with no other option but to issue proceedings and upon receipt of this, the plastic surgeon wished to settle Mrs A’s claim and an agreement was reached not long after such discussions took place in the sum of £15,000.00 plus the payment of her legal costs.