By Joanne Jeffries. Last Updated November 9th 2021. Welcome to this case study covering medical negligence payouts for cervical cancer.
Accident Claims UK are specialist’s in personal injury who deal regularly with claims, on behalf of our clients, for medical negligence including claims for a payout for delayed treatment of cervical cancer
Here we outline the case of one woman who claimed compensation for delayed treatment of cervical cancer and was awarded £75,000. It is a very good case study showing how the right personal injury solicitor can ensure you get the compensation payout that you deserve.
The woman in this case had numerous routine smear tests in 2004 to test for cervical cancer and all of them were reported as negative. She went on to have a child in 2007 and was tested again, routinely, following the birth of her daughter.
It was later that year that complications began when she had to visit her local GP with bleeding and pain symptoms. The GP referred her to the hospital who had to put her through invasive and thorough medical tests after which cervical cancer was finally diagnosed. The result in the delayed treatment of cervical cancer meant that she had to have lymph nodes removed and a radical hysterectomy.
The reason that this became a delayed treatment of cervical cancer case was because, the slides taken from the tests in 2004 and 2007 were reviewed by a national review and found to have been misread. If treatment had begun when the initial tests were conducted, then the impact on the claimant in this case could’ve been far less. The effect on her life was huge following the delayed treatment of cervical cancer and that was due to somebody’s mistake which is why, in the end, the compensation amount was agreed at £75,000.
The payout included pain and suffering, as personal injury claims always do, but it also took into account the devastating affect that the injuries caused, including the fact that the woman will not be able to have any more children.
If you would like to pursue your own no win no fee claim for delayed treatment of cervical cancer with us at Accident Claims UK then please call, for free, on 0800 073 8801 or if you want to know more then read on to find out what the cervical cancer misdiagnosis settlement included and how it was won.
Information On Cervical Cancer
Cervical cancer is caused, mainly, by a virus known as HPV (Human Papilloma Virus) which can be passed on by any sexual content with a man or woman. There are over 100 strains of HPV and most cause no problems at all but two of them HPV18 and HPV16 are responsible for most cases of cervical cancer. Not everyone who has these viruses goes on to develop cervical cancer but the screening is important in spotting any abnormalities.
Since 2008 a vaccine has been offered in schools to girls to prevent HPV.
The reason screening is offered by the NHS is because, generally, there are no early symptoms for cervical cancer. The smear test takes a small sample of cells from the cervix to check problems with the cells (in some areas HPV is checked for at the same time). This is where the delayed treatment of cervical cancer occurred for the claimant as, despite multiple smear tests, the results were reported incorrectly.
What Harm Was Caused By The Delayed Treatment Of Cervical Cancer?
The damaged caused, because of the delayed treatment of cervical cancer, was extensive and life-changing. Importantly, the claimant is now unable to have any more children which she’d always planned to do. She also suffered bladder damage and a lymph condition which causes swelling in the arms and legs.
Had the delayed cervical cancer diagnosis not happened then none of these problems would’ve occurred – they are all due to the treatment she had to undergo because of the delays.
The claimant needed care to cope with the knowledge that she couldn’t have further children and will require ongoing counselling to help cope. Had the delayed treatment of cervical cancer been avoided then none of this stress and anxiety would’ve occurred.
How Was This Case Handled To Secure Compensation For The Claimant?
The importance of a personal injury solicitor was demonstrated in this case of delayed treatment of cervical cancer as they employed specialists who looked at the history of the previous smear tests and proved that, had they been read properly, then she would have been treated correctly, wouldn’t have needed any lymph nodes removed or an hysterectomy and been able to lead much more normal life.
After gathering the evidence that proved the delayed treatment of cervical cancer had led to the complications, the personal injury solicitor compiled a case to put before the NHS to begin negotiations.
Ultimately, the solicitor proved beyond doubt that the delayed treatment of cervical cancer led to life-changing and painful surgery for the claimant and the compensation amount reflected that. Had they simply accepted the NHS’s first offer then it may not have been the fairest settlement amount for the claimant and might not have taken into account the future affect on the claimant.
£75,000 Settlement For The Delayed Treatment Of Cancer
The NHS, in this case, agreed that the delayed treatment of cervical cancer was their fault and once that liability had been established it was down to the solicitor to negotiate a delayed diagnosis compensation amount that was fair for the client.
The amount agreed to was £75,000 and this did take into account the physical pain and suffering that the late diagnosis caused but also care costs and future counselling costs.
It is important for a solicitor in cases like this one to understand what kind of future support a claimant of delayed treatment of cervical cancer may need going forward as once a claim is settled it can’t be added on at a later date.
Another important consideration is that a claim for compensation for delayed treatment of cervical cancer, as with all personal injury claims in the UK, must start within 3 years of the injuries occurring (or from when you found out about the injuries).
No Win No Fee Compensation Claims For Delayed Treatment Of Cervical Cancer
One concern raised by our clients is the costs of putting together a legal case against such a big organisation as the NHS. Some solicitors who deal with delayed treatment of cervical cancer claims charge an hourly rate to their clients regardless of if they win or lose the case. This can lead to a massive legal bill even when a cervical cancer misdiagnosis settlement isn’t obtained.
We don’t like to work in that way. We operate a no win no fee service which means that, if you choose Accident Claims UK to deal with your compensation claim for delayed treatment of cervical cancer, then we won’t charge you anything at all unless we actually get you the compensation that we think you deserve.
There are no up-front fees to pay, no hourly rates and, after your free consultation, we’ll actually tell you how much you will pay if we win you compensation which means no surprises and your claim will be risk free.
Speak To Our Team About Medical Negligence Payouts for Cervical Cancer
Now that you’ve seen how important it is to choose the right personal injury solicitor to make your delayed treatment of cervical cancer claim, and you know about our no win no fee service, we hope you’re ready to get in touch with us to have a free consultation.
If so, you can contact us using one of the following methods:
- Call us free on 0800 073 8801
- Email us on firstname.lastname@example.org
- Live chat (on every page of our site)
- Use our contact form
We don’t offer a cervical cancer misdiagnosis calculator as we’re honest enough to say that we don’t know how much you’ll get until we’ve spoken to you. A specialist could be able to tell you how much you’re likely to get following the free consultation.
How do you calculate medical negligence payouts for cervical cancer?
When it comes to calculating medical negligence payouts, you might be surprised to learn that a compensation calculator would not be able to give you an accurate sum. While technology has moved forward significantly, it would not be possible for such a tool to accurately predict a payout. This is because courts and lawyers decide on compensation settlements based on the case’s unique facts and circumstances.
The strength of evidence could significantly affect medical negligence settlements in the UK. During the course of your claim, you would be expected to have an appointment with an independent medical expert. They would need to review any past medical notes, examine you and talk to you about what has happened. This could include asking questions about your symptoms, and also how they have impacted on your life. When compensating victims of medical negligence, this medical evidence could prove significant. It could help courts and lawyers to determine appropriate compensation payouts for cervical cancer cases.
Could my choice of solicitor impact medical negligence payouts for cervical cancer?
While the facts and circumstances of your case would not change whether you had a lawyer by your side or not, the amount of compensation you could achieve for your claim could depend on the expertise and knowledge of your solicitor. Choosing a solicitor that is authorised and regulated by the Solicitors Regulation Authority and that has years of experience in fighting claims like yours could be of benefit to you. Your lawyer could draw on their experience and knowledge to fight for the maximum compensation settlement for your claim. If you would like us to provide you with such a solicitor on our no win no fee basis, we would be happy to help you stop please call this today to discuss your claim in confidence.
What damages could make up medical negligence payouts for cervical cancer?
There are lots of different types of costs and losses you could experience due to medical negligence. Some of these could include loss of earnings, travel and medical expenses, and care costs. These could be compensated for as special damages. In terms of general damages, these would compensate claimants for their suffering, their pain, and their loss of amenity. This could include both physical injuries and psychological injuries.
How common is clinical negligence?
If you are a victim of clinical negligence, you may assume that these cases are few and far between. However, last year in 2020- 2021, NHS Resolution produced figures that showed there was a significant amount of money paid out in clinical negligence damages during this period. Below, we have replicated the graphic from their report so you can see how much has been paid out. As you can see this is a significant sum.
If you believe you have become the victim of clinical negligence and you would like to make a claim for compensation, please do not hesitate to speak to our team and see how we could help you. We could help you make cervical cancer misdiagnosis claims with the help of out cancer misdiagnosis claims solicitors.
Links And Resources Relating To Medical Negligence Payouts for Cervical Cancer
Here are some more guides that may be useful if you’re still deciding if you will make a claim for delayed treatment of cervical cancer:
Misdiagnosed Cancer Claims – not just for the delayed treatment of cervical cancer, this article deals with all cases of cancer misdiagnosis.
NHS cervical cancer guide – an NHS page about cervical cancer.
Cancer Research – cervical cancer – This guide doesn’t cover the effects of a delayed treatment of cervical cancer but it a very well written guide to the causes and treatment.
Other Useful Compensation Guides
- Can I Claim For A Fatal Accident Caused By Medical Negligence?
- What Compensation Could I Receive From Breast Reduction Negligence Surgery Claims?
- How Much Could Bladder Cancer Compensation Claims Be Worth?
- Can I Receive Unnecessary Surgery Compensation?
- Surgical Fat Transfer Negligence Claims Guide
- Can I Claim For Misdiagnosis Of A Spinal Haematoma Negligence?
- Can I Claim For Undiagnosed Throat Cancer?
- Rowlands Pharmacy Wrong Medication Negligence Claims Guide
- Optician Negligence Claims Guide
- A Guide To Acupuncture Negligence Injury Claims
- How Do I Receive A Compensation Payout For GP Misdiagnosis Leading To Intensive Care Treatment?
- Misdiagnosis Compensation Claims
If you’re still have questions like: how much compensation for misdiagnosis of cancer? or can I get delayed diagnosis compensation? then please get in touch and one of our friendly team will listen to your questions and let you know the best way forward with a medical negligence claim.
Thank you for reading this case study on medical negligence payouts for cervical cancer. If negligent diagnosis and treatment of cancer, such as the failure to spot abnormal cells has happened to you, please do not hesitate to to complete our online enquiry form to get help from medical negligence solicitors on a cancer negligence claim.