Claim compensation for cervical cancer misdiagnosis

If you’ve been affected by a late diagnosis or misdiagnosis of cervical cancer, you may be entitled to make a medical negligence compensation claim

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cervical cancer misdiagnosis claims

Cervical Cancer Misdiagnosis Claims

If diagnosed early, cervical cancer can usually be treated effectively. However, a delayed diagnosis can lead to the progression of the condition, with potentially devastating consequences. These include a poorer prognosis, the need for a more aggressive treatment, more financial losses and a more profound emotional impact.

All medical staff have a duty to provide a certain standard of care. If this duty is breached and a patient suffers avoidable harm as a result, they are entitled to compensation for their pain and suffering, including for cervical cancer misdiagnosis.

If you or a loved one have been affected by a late or missed diagnosis of cervical cancer, call 0800 470 0474 today to find out if you could start a claim. Alternatively, enter your details here, and you will receive a call back from a friendly legal adviser.

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    What is cervical cancer?

    Cervical cancer is a type of cancer that occurs in the lower part of the uterus, known as the cervix. In the UK, it is the 14th most common cancer, with around 3,300 new cases and 850 deaths per year. It mainly affects women under the age of 45 and is primarily caused by several strains of the human papillomavirus (HPV), a common sexually transmitted infection (STI).

    There are two main types of cervical cancer:

    • Squamous cell carcinoma begins in the thin, flat cells lining the outer part of the cervix and is the most common form of cervical cancer.
    • Adenocarcinoma affects around 10 to 20% of patients and starts in the glandular cells that line the cervical canal.

    The most important risk factors for cervical cancer include HPV infection, smoking, a weakened immune system, early sexual activity and having other STIs. It can be prevented through HPV vaccinations, safe sex practices, regular cervical screenings and quitting smoking.

    Signs and symptoms of cervical cancer

    There are typically no symptoms in the early stages of cervical cancer, but these could include:

    • Abnormal bleeding between menstrual periods, after intercourse or after a pelvic exam or menopause
    • Changes in vaginal discharge, which may be watery, bloody or heavy and have a foul odour
    • Discomfort or pain during intercourse or pelvic pain
    • Having heavier or longer periods than usual

    If the condition progresses or spreads to nearby tissues, it may cause more severe symptoms, such as:

    • Fatigue, loss of weight and appetite
    • A general feeling of illness
    • Persistent pain in the pelvic region or lower back
    • Pain during urination
    • Swelling or pain in the legs
    • Diarrhoea, pain or bleeding when emptying your bowels

    If you notice any new or unexplained vaginal bleeding, discharge, or any other symptoms, it is essential to consult a healthcare professional as soon as possible. Early detection can significantly improve the prognosis for cervical cancer.

    How is cervical cancer diagnosed and treated?

    Cervical cancer develops slowly and over many years as the cells in your cervix go through a lot of changes before turning into cancer. During this period, various tests can detect problematic cells in their earlier forms before having a chance to turn into cancer and when they are highly treatable. These include:

    • Pap smear tests. Your doctor will collect cells from the cervix using a small brush or spatula to detect abnormal cells;
    • HPV tests. They are done the same as Pap smears to check for the presence of high-risk types of human papillomavirus (HPV), which can cause cervical cancer;
    • Colposcopy. Your doctor will use a magnifying instrument called a colposcope to examine the cervix closely;
    • Biopsy. This involves taking a tissue sample from the cervix for closer examination under a microscope;
    • Imaging tests. Other tests, such as MRIs, CT scans or X-rays, may be performed to determine whether the cancer has spread to other organs.

    Treatment options for cervical cancer will depend on various factors, such as its stage and your overall health and may include:

    • Surgery. Depending on the stage of the cancer, it involves removing the affected part of the cervix or the entire reproductive system.
    • Radiation therapy. It uses high-energy rays of radiation to kill cancer cells.
    • Chemotherapy. It uses medicine to kill cancer cells, often combined with other methods.
    • Targeted therapy. Often recommended for advanced or recurrent cancer, it uses drugs like Avastin to stop the cancer from growing or spreading.
    • Immunotherapy. It helps the immune system recognise and attack cancer cells.

    Can I claim compensation for the misdiagnosis of cervical cancer?

    If you or a loved one suffered harm due to cervical cancer misdiagnosis, a solicitor could help you claim compensation. They will take on your case if they can prove the following:

    • A duty of care. All healthcare providers owe their patients a legal duty to provide a standard of care that is expected of reasonably competent practitioners in their field.
    • A breach of duty. A breach of duty occurs when they fail to meet the expected standard of care. This might involve misreading test results, failure to follow up on abnormal Pap smears, or providing substandard treatment.
    • Causation. Causation links the breach of duty directly to the harm you suffered. This involves showing that the delay or failure in diagnosis or treatment contributed to your injury or worsening condition.
    • Damages. These refer to the harm you suffered as a result, such as physical pain, emotional distress, loss of amenities and financial losses.

    You can make a claim against the NHS, as well as a private healthcare provider. If your claim is against the NHS, your compensation will be paid by NHS Resolution. This is an insurance scheme paid for by local trusts through annual premiums and will not affect the funds allocated for patient care.

    It is essential to remember that you can also make a cervical cancer misdiagnosis claim on behalf of a loved one (if they are under 18 or lack their mental capacity). You can also claim if you lost a loved one due to medical negligence.

    Common causes of cervical cancer misdiagnosis

    A claim for cervical cancer misdiagnosis can arise from various situations, such as:

    • Your GP did not refer you to a specialist after you have told them your symptoms;
    • The sample collected during a Pap smear was not adequate, leading to a false negative;
    • Failure to interpret the results of a screening test;
    • Your tests showed a possible problem but wasn’t followed up;
    • Failure to notice a tumour during a cervical examination;
    • Negligence in interpreting a biopsy or another diagnostic test;
    • You received treatment that was delayed or unsuitable for you;
    • You received an all-clear when your body was not cancer-free;
    • Failure to consider your risk factors, such as HPV infection, smoking or a family history of cancer;
    • Poor communication between healthcare providers;
    • Your symptoms were misdiagnosed as another illness.

    Several conditions can mimic the symptoms of cervical cancer, leading to a potential misdiagnosis, such as:

    • Benign polyps that can cause abnormal bleeding and discharge;
    • Cervicitis, which is inflammation of the cervix caused by infections;
    • Fibroids, benign tumours of the uterus that can sometimes affect the cervix;
    • Heavy periods or menopause.

    If your condition was not timely diagnosed and you suffered avoidable harm as a result, you may be entitled to make a claim for cervical cancer negligence.

    Potential consequences of misdiagnosed cervical cancer

    Misdiagnosis of cervical cancer can have severe and far-reaching implications on your health, emotional well-being and overall quality of life. Some potential consequences include:

    • More advanced cancer, which often needs more aggressive treatments that can cause severe side effects, including infertility;
    • The cancer may spread to other parts of the body, such as lymph nodes, lungs or bladder, making it more challenging to treat;
    • Late-stage cervical cancer has a lower survival rate compared to early-stage cancer;
    • The stress of dealing with a more severe diagnosis can have a more significant emotional and psychological impact;
    • The cost of more advanced treatments, long-term care and ongoing medical support is more substantial.

    If your cancer was diagnosed late due to medical negligence, a specialist solicitor can help you make a claim for cancer misdiagnosis compensation.

    Can I claim compensation if I was falsely diagnosed with cancer?

    Receiving a diagnosis of cancer can be devastating. However, later learning that your diagnosis was wrong can be all the more shocking and shatter your trust in the medical system. Receiving a false diagnosis of cervical cancer can profoundly impact various aspects of your life, including:

    • You may undergo unnecessary surgery, chemotherapy and other treatments that can have severe side effects, such as hair loss, weakened immune system and fatigue;
    • It may take months or years to recover from unnecessary treatments, which can impact your ability to carry out daily activities and enjoy life;
    • It can have a profound emotional impact, leading to stress, anxiety and depression;
    • It can significantly affect your family and relationships with your loved ones;
    • Medical treatments and care can also have a significant financial impact, such as lost wages from taking time off work.

    If you suffered any harm due to cervical cancer misdiagnosis, you might be eligible to make a compensation claim for medical negligence.

    What evidence do I need to make a medical negligence claim for a misdiagnosis or late diagnosis of cervical cancer?

    The evidence needed to support a medical negligence claim may include:

    • Your medical records. These can consist of records of consultations, treatments and test results and will provide facts regarding your condition and the level of suffering you have endured.
    • Visual evidence. If available, you can use photos of physical injuries or conditions caused by the misdiagnosis or late diagnosis of cervical cancer.
    • Expert testimony. An independent medical expert’s report can provide an unbiased opinion on whether the standard of care was breached.
    • Witness statements. Accounts from family members, staff or caregivers can help back up your version of the events and support your claim.
    • A personal statement. Your account regarding everything you have gone through and how the misdiagnosed cervical cancer has impacted your life.
    • Correspondence. You can use any communication between you and your doctor to prove a breach of duty, such as emails or letters.
    • Financial records. Proof of expenses related to the negligence, such as lost wages and medical bills, is essential to support your claim.

    How much compensation could I claim for cervical cancer negligence?

    The amount of compensation you could claim for delayed diagnosis of cervical cancer will depend on the harm and losses you incurred. Your solicitor will include two types of damages in your cervical cancer misdiagnosis claim:

    General damages compensate for subjective losses that do not have a specific monetary value. These include:

    • Physical pain
    • Emotional suffering
    • Loss of quality of life and ability to enjoy activities or hobbies
    • Loss of companionship

    Special damages compensate for economic losses and expenses incurred as a direct result of the misdiagnosis, such as:

    • Private medical treatments
    • Travel expenses to and from medical appointments
    • Income lost due to the inability to work while recovering
    • Future loss of earnings
    • The cost of care and assistance with daily living

    According to our compensation calculator, depending on the severity of your injury, you could receive up to £200,000 for avoidable pain and suffering.

    Time limit to make a cervical cancer misdiagnosis claim

    According to the Limitation Act 1980, you have three years to make a claim, typically starting from the date you became aware of the cervical cancer negligence. A few exceptions apply:

    • If you were under 18 at the time, a parent or legal guardian can start a claim on your behalf at any time until your 18th birthday.
    • If the claimant is mentally incapacitated, such as they have brain damage or suffer from Down syndrome, there is no time limit for a litigation friend to claim compensation for them.
    • If you lost a loved one due to misdiagnosis of cervical cancer, you are entitled to claim compensation within three years after their death.

    Will a solicitor handle my cervical cancer claim on a No Win No Fee basis?

    If you have a valid claim for misdiagnosed cervical cancer, a medical negligence solicitor will offer you a no win no fee agreement*, which means you will not have to pay any upfront legal fees. That guarantees your access to legal representation regardless of your financial situation and without taking any risks.

    If you win the case, your solicitor will receive a success fee that will be deducted from the compensation awarded. This fee is pre-agreed and capped at 25% of your settlement. If you lose the claim for cervical cancer misdiagnosis, you do not have to pay them a penny.

    As part of the no win no fee arrangement, you will also have After the Event (ATE) insurance. This insurance covers any legal costs incurred if your claim is unsuccessful, ensuring you are not left with a financial burden, including the defendant’s expenses.

    To learn more about making a cervical cancer claim, do not hesitate to call 0800 470 0474 or enter your details here to request a free consultation with a legal adviser.