A cervical cancer misdiagnosis can have a severe effect on your life, leading to prolonged treatment, additional or worsening medical issues, or even a terminal diagnosis. A misdiagnosis of this kind can refer to either a person with cervical cancer not being diagnosed correctly, or a person being incorrectly diagnosed with cervical cancer.
At Accident Claims, our solicitors are experts at medical negligence claims. They have decades of experience of winning clients cervical cancer misdiagnosis claim compensation. In our guide, you’ll find the must-know information about claiming for medical negligence, including who can claim, how to claim, and the compensation you could be awarded.
What You Need To Know
- A medical professional must have neglected their duty of care for medical negligence to occur. This is a legal obligation placed on healthcare professionals and institutions to ensure that care and treatment meet the correct standards.
- Regular smear tests are essential for catching cervical cancer early.
- You will need specific evidence to prove that a cervical cancer misdiagnosis occurred.
- Most people have three years to pursue a medical negligence claim.
- You can claim with Accident Claims on a No Win No Fee basis.
If you think you may have suffered medical negligence, contact us. Our highly experienced advisors will inform you if you’re eligible to claim.
- Call on 0800 073 8801.
- Fill in your information via our online claims form.
- Ask your questions in our live chat.
Frequently Asked Questions
- What Are Cervical Cancer Misdiagnosis Claims?
- Am I Able To Claim If My Cervical Cancer Was Misdiagnosed?
- How Can Cervical Cancer Be Misdiagnosed?
- The Most Common Cervical Cancer Symptoms
- What Is The Risk Of Delayed Cervical Cancer Treatment?
- Can I Claim On Behalf Of Another Person?
- What Compensation Could I Get For Cervical Cancer Negligence?
- How Do I Make A Cervical Cancer Claim?
- How Can Accident Claims Help Me?
- More Information
What Are Cervical Cancer Misdiagnosis Claims?
As mentioned, cervical cancer misdiagnosis is when someone is misdiagnosed with cervical cancer or when someone with cervical cancer receives an incorrect diagnosis. Misdiagnosis often occurs due to not carrying tests out, carrying the incorrect tests out, or concerns being dismissed.
On average, 3,256 cases of cervical cancer were diagnosed per year in the UK from 2017 to 2019. Of these diagnoses, there were 853 deaths per year from 2017 to 2019.
The chances of dying from cervical cancer are generally lower for early diagnosis. However, concerns about cervical cancer aren’t always taken seriously. As included in a 2023 report looking into women’s health, 10 women spoke to their GP about gynaecological symptoms potentially relating to cancer. Of these 10 women, 12% felt that they were dismissed and another 6% were told to come back at another time or wait for their cervical screening test. This type of dismissal can lead to cervical cancer misdiagnosis.
Statistics have been taken from Cancer Research UK and a report by the Health and Social Care Committee via the Senedd Cymru Welsh Parliament.
Am I Able To Claim If My Cervical Cancer Was Misdiagnosed?
To make a cervical cancer claim, the following must have happened: a medical professional owed you a duty of care, this duty of care was breached, and you suffered unnecessary harm as a result of this breach.
For a medical professional, a duty of care means that the treatment you are provided with must meet the expected standard. To comply with this duty, medical professionals should ensure that patients are listened to, that their symptoms are noted, and that appropriate tests and medications are prescribed to treat or find out what is causing the symptoms. For example, if your very clear symptoms that indicated cancer were dismissed and no further tests were ordered, leading to a delayed cervical cancer diagnosis, this could be considered a breached duty of care.
Our friendly team of advisors are available around the clock to talk about cancer misdiagnosis claims eligibility around the clock. If you meet the requirements, you could be connected to one of our No Win No Fee solicitors.
How Can Cervical Cancer Be Misdiagnosed?
Cervical cancer misdiagnosis can happen due to errors like incorrect test results or failure to escalate test results. Cervical cancer can also be mistaken for other conditions such as urinary tract infections, the onset of menopause, or vaginal amebiasis. This is because many of the symptoms of cervical cancer overlap with these conditions, leading to dismissal by medical professionals who see no need to order further testing.
The Most Common Cervical Cancer Symptoms
Symptoms of cervical cancer will vary from person to person, but there are some that indicate you should see your GP as soon as possible.
Unusual Vaginal Bleeding
This could be bleeding in-between periods, or bleeding after you have gone through the menopause. If you have bleeding that is considered normal for a pre-existing condition but feel it has gotten worse, this could also be a symptom.
Heavier Than Normal Periods
As well as vaginal bleeding that has no clear cause, you should see your GP if your periods are heavier than usual. While a period can be heavier from one month to another, persistent heavy bleeding could indicate something else.
Changes To Vaginal Discharge
Discharge that has a mild smell and a clear or white appearance is normal and not a cause for concern. However, changes to your discharge or unusual vaginal discharge may indicate a problem. Changes can be to smell, texture, colour, or all three.
Pain During Sex
If you suddenly start experiencing pain during or after sex for no obvious reason, you should speak to a GP about your concerns. While vaginal dryness or an infection could be the culprit, experiencing pain due to sexual activity is not considered normal and should be investigated.
Pain In Your Abdomen, Pelvis Or Lower Back
Finally, if you experience pain in the above areas, this is a cause for concern. Some will experience pain in the abdomen, pelvis, or lower back during their period. However, feeling pain in these areas when not on your period is not a normal occurrence.
It’s important to remember that you should always be seen by a medical professional if you have new gynaecological symptoms, even if they are not the symptoms mentioned above.
What Is The Risk Of Delayed Cervical Cancer Treatment?
A delay in treatment for someone with cervical cancer can have extremely serious consequences. Patients who suffer a delayed cervical cancer misdiagnosis may have to endure treatment that is more severe or have treatment for a longer period. This can have a huge impact on a patient’s quality of life.
In the most severe cases, cervical cancer not being diagnosed early enough can lead to premature death. This could be death shortly after being diagnosed or a death that happened sooner than expected due to a delay in treatment.
Can I Claim On Behalf Of Another Person?
You can make a cervical cancer claim on behalf of someone else, but there are limitations involved. If the person who suffered avoidable harm is under 18 or lacks the mental capacity to claim themselves, you can become a litigation friend to represent them during the claim.
If you wish to claim on behalf of a deceased person, certain relatives and dependants can do so under the Fatal Accident Act. This is for the impact the death had on them. For example, being unable to afford a mortgage due to losing the deceased’s financial contribution.
However, for the first 6 months following the death, only the estate can claim as set out in the Law Reform (Miscellaneous Provisions) Act 1934. This allows for the estate to claim for the deceased’s pain and suffering. The estate can also claim on behalf of the dependants.
An advisor from our team can tell you more about becoming a litigation friend. They can also assess fatal medical negligence claims.
What Compensation Could I Get For Cervical Cancer Negligence?
Compensation for medical negligence claims could include both general damages and special damages. General damages are awarded to you for the pain and suffering you suffered due to the cervical cancer misdiagnosis.
Special damages are given to you for financial losses brought upon you by a misdiagnosis. You could claim special damages for loss of earnings, at-home care, and medical treatment, amongst other financial losses.
The figures in the table below are taken from the Judicial College Guidelines, a legal document that contains provisional compensation figures for various injuries and conditions. The JCG could be used in conjunction with your medical records to assign a value to your pain and suffering. The first entry is not from the JCG. All figures should be used as a guide only. The compensation you receive will likely contain special damages in addition to these figures.
| TYPE OF INJURY/CONDITION | SEVERITY | JCG COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Injuries and Instances of Special Damages. | Severe | Up to £350,000+ | For several injuries caused by cervical cancer misdiagnosis and multiple instances of special damages. |
| Kidney Conditions | Severe permanent damage to or loss of both kidneys. | £206,730 to £256,780 | Both kidneys will be severely affected in this bracket. |
| Reproductive System (Female) Conditions | Complete infertility due to injury or disease. | 140,210 to £207,260 | Infertility alongside sexual dysfunction, severe depression and anxiety, and ongoing pain with scarring. |
| Permanent sexual dysfunction. | £52,490 to £124,620 | Sexual dysfunction for someone who already has or does not want children, significant medical complications. | |
| Infertility without major side effects. | £68,440 to £87,070 | No additional issues or sexual dysfunction. | |
| Lung Conditions | Progressive worsening of issues leading to premature death. | £122,850 to £165,860 | This bracket is mostly for young people with serious disability. |
| Significant impairment of life and everyday functions. | £85,460 to £118,790 | This bracket is usually for older people suffering from lung cancer significantly affecting their life. | |
| Worsening lung function that affects breathing, sleep, and everyday life. | £66,890 to £85,460 | Issues mostly stem from diseases such as emphysema that cause severe side effects. | |
| General Psychiatric Damage | Severe | £66,920 to £141,240 | Compensation will depend on how the patient's life, relationships, employment, and future prognosis currently stand. |
| Moderately Severe | £23,270 to £66,920 | As above but with a higher likelihood for a more positive prognosis. |
Call 0800 073 8801 or fill in our online claims form today to see if you could receive compensation for a cervical cancer misdiagnosis. Alternatively, ask, ‘How much compensation could I claim for a cancer misdiagnosis?’ in our live chat.
How Do I Make A Cervical Cancer Claim?
Under the Limitation Act 1980, you have three years to pursue a cervical cancer misdiagnosis claim. This time limit can begin from either of the following dates:
- The date the medical negligence happened.
- The date of knowledge – i.e. when you realised you suffered harm as a result of a breached duty of care.
If the person who suffered this avoidable harm is under 18 or lacks mental capacity, this time limit does not apply. Our advisors can tell you more about exceptions to the time limit.
You’ll also need evidence to prove that you received a cervical cancer misdiagnosis and that this occurred because of a breached duty of care, such as:
- Medical records from your GP and any hospitals you visited.
- Contact details for anyone who witnessed your treatment.
- Correspondence between you and any medical centres you received treatment from.
- Results from scans, X-rays, and any other tests.
For some claims, a third-party medical report is required. Your solicitor will initiate this process if your claim is eligible. Don’t hesitate to reach out sooner rather than later, as sometimes evidence takes a while to gather.
How Can Accident Claims Help Me?
At Accident Claims, our specialist solicitors are experts in dealing with medical negligence claims. As well as offering guidance and advice throughout the process of making a cervical cancer claim, your solicitor will:
- Explain legal terminology and applicable laws.
- Sort all legal documents.
- Deal with court proceedings where necessary.
- Gather evidence you may not have access to.
What’s more, all of our solicitors operate on a No Win No Fee basis, under a Conditional Fee Agreement, meaning you only pay a fee for their work if you successfully claim compensation. This is called a ‘success fee’ and is legally capped percentage. It’ll be taken out of your compensation. If you are not awarded compensation, then you won’t be asked to pay this fee.
If you have already suffered large financial losses due to medical negligence, this way of making a claim is a great way to forego additional financial stress.
Contact Our No Win No Fee Solicitors
Thank you for reading our guide about cervical cancer misdiagnosis and the medical negligence claims process. Now you know more, contact us today to speak to one of our advisors and see if you can claim.
- Call on 0800 073 8801.
- Fill in your information via our online claims form.
- Ask about claiming for a cervical cancer misdiagnosis in our live chat.
More Information
You may find the below internal and external links useful when researching how to claim for a cervical cancer misdiagnosis.
Internal Links
- See how to make a complaint about a misdiagnosis.
- Discover how to make a GP misdiagnosis compensation claim.
- Read whether you can claim if you were misdiagnosed by a doctor via video examination.
External Links
- GMC.UK.ORG – See the duties medical professionals registered with the GMC (General Medical Council) have.
- EVEAPPEAL.ORG.UK – Find out more about cervical cancer symptoms and treatment.
- RESOLUTION.NHS.UK – Discover what NHS Resolution is and what it does.
