If you have received a cervical cancer misdiagnosis, you may be wondering whether you have grounds to pursue compensation. In this article, we will explain the specific eligibility criteria that must be met in order to have a valid medical negligence claim.
This article will look at potential examples of how a person may receive a misdiagnosis of cancer and when this might lead to a claim. Furthermore, we will discuss the different heads of loss that could be awarded and how compensation may be calculated in a claim. This guide will also share how working with a No Win No Fee solicitor could provide you with various benefits.
If you have any questions, you can contact our advisors. They are available 24/7 and can also offer you free advice for your specific case. To contact them, you can
Browse Our Guide
- Can You Claim Compensation For A Cervical Cancer Misdiagnosis?
- What Could Cause A Cervical Cancer Misdiagnosis?
- How To Prove Your Cancer Was Misdiagnosed
- Examples Of Payouts For A Cervical Cancer Misdiagnosis Claim
- No Win No Fee Cervical Cancer Misdiagnosis Claims
- Learn More About Clinical Negligence Claims
A duty of care is owed by all medical professionals to their patients. Per their duty, they must provide the correct standard of care when treating their patients. If they fail to adhere to this duty, a patient could suffer harm that could have been avoided.
However, it is important to note that there may be instances where someone receives a cervical cancer misdiagnosis, but a practitioner did not breach the duty of care they owed. In this case, it might not be possible to pursue compensation.
In order to have an eligible medical negligence claim, you must meet the following criteria:
- You must have been owed a duty of care by a medical professional.
- This duty of care was breached by the medical professional.
- This breach caused you to suffer harm that was unnecessary and could have been avoided.
Clinical Negligence Claim Time Limits
Medical negligence cases must also be started within a certain time frame. As stated in the Limitation Act 1980, this is generally 3 years from the date the negligence occurred or from the date of knowledge. This is the date you became aware you suffered harm because a breach of a duty of care by a practitioner occurred.
Additionally, certain exceptions can be made to the time limit for certain claimants.
To learn what these exceptions are or to see whether you may have a valid cervical cancer misdiagnosis claim, you can contact our team of friendly advisors.
The NHS states that cervical cancer is a cancer that is found anywhere within the cervix. This is part of the reproductive system. Symptoms that could indicate cervical cancer include changes to vaginal discharge, unusual vaginal bleeding, and pain in between your hip bones or in your lower back.
A medical professional, such as your GP, may refer you for a colposcopy to confirm whether you have cervical cancer if abnormal cells have been found within your cervix.
If a healthcare professional were to breach their duty of care, this could result in you receiving a cervical cancer misdiagnosis, which could lead to delays in treatment. If left untreated, this could lead to the cancer spreading to other parts of the body, such as the stomach, liver, bones, lungs and lymph nodes.
Some examples of how you may receive a negligent misdiagnosis of cervical cancer include:
- A hospital mixes up your smear test results. This meant an early diagnosis was not possible. It wasn’t until you went back with new cervical cancer symptoms that the mix-up was realised. This meant a more aggressive treatment plan was needed.
- You attend a smear test. After the cervix screening test, you are found to have abnormal cells in your cervix. However, you are not referred for further diagnostic tests right away. This results in a delayed diagnosis and delayed treatment for your cervical cancer. As a result, you need more aggressive treatment.
- A doctor misinterpreted your diagnostic test results. Due to this, you are not treated right away for cervical cancer, which means you need a full hysterectomy, and you become infertile.
To see whether you may have a valid clinical negligence cervical cancer misdiagnosis claim, you can contact our team of advisors.
When making a medical negligence cervical cancer misdiagnosis claim, you will need evidence that supports your case. Claims are only valid if the misdiagnosis happened because a practitioner or health care institution breached their duty of care and you suffered harm that was avoidable. Some examples of the evidence you could acquire include:
- Medical evidence – Get a copy of your test and scan results, as well as your medical records confirming your initial diagnosis as well as the correct diagnosis you received.
- Witness contact details – If someone was with you during treatment or a consultation, then they could provide a statement at a later date.
Your case could also be subjected to the Bolam Test. This is when a panel of relevantly trained healthcare professionals is assembled and asked to consider whether the care you received was of the correct standard. This test is not used in every case and will be arranged for you.
These are only a few examples of the evidence that could be used to support your cervical cancer medical negligence claim. One of our solicitors could help you with gathering more specific evidence for your case if you work with one.
To see if you could be eligible to work with one of them, contact a member of our advisory team.
Successful medical negligence cases following a cervical cancer misdiagnosis will be awarded a compensation settlement which will include general damages. This head of claim compensates for the unnecessary harm you have experienced due to a duty of care being breached by a medical professional.
Those responsible for calculating your general damages do so by examining various resources. In addition to medical evidence, they may also use a publication known as the Judicial College Guidelines (JCG). Last updated in 2022, the JCG contains compensation guidelines for different forms of harm.
We have used some of these guidelines when creating the table below. Please only use it for guidance. The top entry is not part of the JCG.
|Multiple serious injuries and illnesses plus special damages
|Compensation for very serious multiple illnesses or injuries plus compensation for special damages such as medical expenses.
|Up to £500,000+
|Double incontinence alongside other medical complications.
|Up to £184,200
|The person may require a colostomy (depending on their age) due to the complete loss of the bowel’s natural function.
|Up to £150,110
|Total loss of natural bowel function and complete loss of urinary function and control, and other medical complications.
|Up to £184,200
|Function and control of the bladder will be completely lost.
|Up to £140,660
|Female reproductive system (a)
|Infertility due to a disease or injury with symptoms such as severe depression, sexual dysfunction, and pain.
|£114,900 to £170,280
|Female reproductive system (b)
|Sexual dysfunction that is likely permanent. The person will not have had children, or already has them.
|£43,010 to £102,100
|Female reproductive system (c)
|Applicable to cases of a young person without children that suffers with infertility but there are no aggravating features.
|£56,080 to £71,350
|Lung Disease (a)
|A serious disability in a younger person where the disease is likely to worsen and lead to a premature death.
|£100,670 to £135,920
|Lung Disease (b)
|Lung cancer that causes impairment of function and severe pain. Generally applicable to cases of an older person.
|£70,030 to £97,330
Examples Of What You Could Be Awarded For Special Damages
As part of your settlement, you could also be awarded special damages. This head of claim provides you with compensation for the costs that the negligence has caused you to experience. Examples of some of the financial losses you may be able to claim for include:
- Loss of earnings – This can include future predicted lost income.
- Medical expenses – Such as paying for prescriptions.
- Travel costs – This could include taxi, bus, or train fares to medical appointments.
Contact our team today to see whether you could make a medical negligence claim following a cervical cancer misdiagnosis. They can also provide you with a free valuation of your case.
If you are eligible to pursue a medical negligence claim following a cervical cancer misdiagnosis, one of our solicitors could help you. All of our solicitors work with their clients under a Conditional Fee Agreement (CFA), which is a form of No Win No Fee arrangement. With a CFA in place, you do not have to pay your solicitor anything upfront to access their legal services. You will also not be required to pay them for their work while your case is progressing or if it ends unsuccessfully.
However, they will take a success fee from you if you succeed in obtaining compensation. This fee will be deducted directly from your compensation as a legally-limited percentage.
Get in touch today if you have any questions about starting a medical negligence claim for a cervical cancer misdiagnosis. You can reach our advisors at any time for free guidance regarding your claim.
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More from us:
- If you’ve been harmed due to a misdiagnosed blood clot, this guide may prove helpful.
- For operation negligence compensation claims, read this guide for information.
- Advice on when you can claim if you were in hospital due to the wrong medication and the steps you can take to support your claim.
Information from other sources:
- Ministry of Justice – Pre-Action Protocol for the Resolution of Clinical Disputes.
- Cancer Research UK – Cervical screening.
- General Medical Council (GMC) – Patient guides and materials.
Thank you for reading our guide on medical negligence cervical cancer misdiagnosis claims.