Advice On Cervical Cancer Misdiagnosis Claims
Read our guide to learn how to claim compensation for cervical cancer misdiagnosis.
£85 million in compensation
Advice On Cervical Cancer Misdiagnosis Claims
Read our guide to learn how to claim compensation for cervical cancer misdiagnosis.
Can I Claim Compensation For A Cervical Cancer Misdiagnosis?
Being told you have cervical cancer can have a devastating impact on everyone affected by the diagnosis. Unfortunately, medical professionals can add to that distress and pain in situations where they fail to identify and correctly treat the cancer. In such cases, you may be entitled to make a claim for cervical cancer misdiagnosis compensation.
In our comprehensive guide, we will explain how you could make a medical negligence claim and outline the steps involved in seeking compensation. You will also learn about the benefits of claiming with one of our specialist solicitors and find a list of frequently asked questions (FAQs) related to cervical cancer for your information.
Key Takeaways
- You may be able to claim compensation if you suffered unnecessary harm because of substandard care.
- Your payout might include compensation for your physical and mental harm, along with the connected financial impact.
- There is generally a time limit of 3 years for starting cervical cancer misdiagnosis claims.
- Collecting evidence, such as medical records, will be an important step in your cervical cancer negligence claim.
- If you have an eligible cervical cancer claim, you may be able to work with one of our No Win No Fee solicitors.
Our team is available 24/7 to assist you at a time that works for you. If you have any questions about cancer misdiagnosis claims or are ready to start your compensation journey, please contact us today:
- Call 0151 375 9916.
- Contact us online.
Can I Claim For A Cervical Cancer Misdiagnosis?
Yes, you may be able to claim for a cervical cancer misdiagnosis. However, you will need to prove that:
- A medical professional or setting (like a hospital or GP practice) had a duty of care towards you.
- There was a breach of this duty of care.
- You have suffered unnecessary or otherwise avoidable harm due to the breach.
All medical professionals, including doctors, nurses, and surgeons, must provide their patients with the correct standard of care. That is the duty of care mentioned above. To help healthcare professionals meet expectations, organisations like the General Medical Council (GMC) and the Royal College of Obstetricians and Gynaecologists provide guidance on how to apply professional standards when treating patients.
If, say, a doctor fails to listen to your cervical cancer symptoms, they may provide a level of care that falls below the correct standards expected of them. Should that result in you suffering harm unnecessarily, there may be the basis for a valid compensation claim.
However, it’s important to note that not every instance of harm can be avoided. For instance, chemotherapy can have long-term side effects and lead to pain. Please continue reading as we will discuss some examples of what may constitute medical negligence shortly.
Fatal Cervical Cancer Misdiagnosis
In cases of fatal cervical cancer misdiagnosis, qualifying dependants may be able to make a claim for compensation. They can do so under the Fatal Accidents Act 1976, provided the deceased’s estate hasn’t already made a claim on their behalf. In the first 6 months of the deceased’s passing, only the estate will be able to claim, per the Law Reform (Miscellaneous Provisions) Act 1934.
Call our advisors now for more information on the process of making fatal cervical misdiagnosis claims. They can also provide further guidance on the eligibility criteria for claiming compensation, together with a free, no-obligation case assessment.
The Average Compensation For Misdiagnosed Cervical Cancer
Even if there was an average compensation for misdiagnosed cervical cancer, it might not be relevant to your particular claim. That is because the facts of each medical negligence claim are unique and assessed on a case-by-case basis.
For a successful cervical cancer claim, your compensation may include:
- General Damages: Compensation for your pain and suffering.
- Special Damages: Covers the financial losses resulting from the unnecessary harm you experienced.
Your medical negligence solicitor may refer to the Judicial College Guidelines (JCG) to put a value on general damages. This publication contains a list of suggested compensation brackets for different kinds of harm, ranging from post-traumatic stress disorder (PTSD) to kidney damage.
We have included some of the JCG brackets in the table below. Please note that this is provided for guidance only, and the figure in the top row isn’t sourced from the publication.
Harm Notes Compensation Guidelines
Multiple Forms of Very Severe Harm with Special Damages A combination of multiple forms of severe harm and financial losses, such as professional care costs or loss of earnings. Up to £500,000+
Female Reproductive System (a) There is infertility along with scarring, pain, severe anxiety and depression and sexual dysfunction. £140,210 to £207,260
Female Reproductive System (b) A person with children who has sexual dysfunction that is likely permanent, or someone who would not have had a family. £52,490 to £124,620
Female Reproductive System (c) A young claimant without children who has infertility without aggravating features or sexual dysfunction. £68,440 to £87,070
Female Reproductive System (d) A person with children who has infertility without developing medical complications or sexual dysfunction. £21,920 to £44,840
Female Reproductive System (e) The claimant will be infertile but wouldn’t have had children anyway (such as because of their age). £8,060 to £22,800
Bowel (b) Natural function is totally lost and there will be colostomy dependence, depending on the claimant’s age. Up to £183,190
Bladder (Seriously Impaired Control) Along with some pain and incontinence, bladder control will be seriously impaired. £78,080 to £97,540
Kidney (b) Claimant will have a significant risk of urinary tract infection in the future or other complete kidney function loss. Up to £78,080
Kidney (c) Loss of a kidney without the other suffering damage. £37,550 to £54,760
How Will My Compensation Be Calculated?
To calculate your compensation, several factors may be taken into account. For instance, general damages might be influenced by the severity of the harm you endured and whether it has had a negative impact on your overall quality of life.
As touched on above, you can also claim for any loss that is provably connected to the harm you endured. These special damages can include:
- Loss of earnings due to an inability to work or time taken off.
- Professional care or the time that a family member devotes to assist you with daily activities.
- Physical aids, such as adult nappies, colostomy bags, and wheelchairs.
- Medical costs, like private treatments, prescriptions, and counselling.
- Any travel needed to get to and from medical appointments.
For special damages, you would have to provide evidence, such as invoices, salary slips, and bank statements. So, be sure to keep hold of documentation and track all relevant expenses.
You can speak with our advisors now for further guidance and to find out how one of our solicitors can help piece together the evidence needed to support a claim for special damages.
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What Can Lead To Cervical Cancer Being Misdiagnosed?
There are many reasons for cervical cancer being misdiagnosed, such as:
- Your GP fails to refer you for further testing despite you presenting with the typical symptoms of cervical cancer. Their failure to listen or investigate delays a diagnosis, allowing the disease to spread and become harder to treat.
- Test results for your Pap smear are misinterpreted, leading a medical professional to wrongly give the all-clear. As a result, your cancer isn’t detected until it is at a more advanced stage.
- Your cervical screening wasn’t conducted properly, compromising the collection of sample cells. However, no follow-up is arranged to redo the test, meaning your cancer goes undiagnosed and spreads to your lungs.
- An inexperienced doctor mistakes your symptoms of cervical cancer for menstrual issues and doesn’t investigate the matter further. This inaction causes a delay in diagnosing the cancer and administering the correct treatment.
If you’d like to share your experience of a cancer misdiagnosis, please call our advisors now. They’re here to listen and can help determine whether you have a valid medical negligence claim.
How Long Will I Have To Claim For A Cervical Cancer Misdiagnosis?
You usually have 3 years in which to start a claim for cervical cancer misdiagnosis. This time limit is set by the Limitation Act 1980 and may commence on the date when the cervical cancer negligence occurred or when you reasonably became aware of it.
However, there are circumstances when the time limit for clinical negligence claims is paused:
- Anyone under the age of 18 cannot make a claim on their own behalf. Consequently, the 3-year time limit doesn’t apply until someone’s 18th birthday.
- Adults who are mentally incapacitated can also not make a claim independently of others. The standard time limit will only take effect if an individual regains their mental capacity, dated from when it returns.
In either case, an eligible adult can help someone in these 2 categories to pursue compensation while time limits are on hold. To do so, they would need to take on the role of a litigation friend. They can then make decisions about the case in the best interests of the claimant.
For more information on time limits and exemptions, please speak with our advisory team. They’re here to break down the entire claims process and help you get started with pursuing compensation.
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What Evidence Will I Need To Support My Claim?
To support your claim, you will need evidence showing how substandard care led you to experience a cervical cancer misdiagnosis and unnecessary harm. Our solicitors have helped their clients gather all kinds of evidence to support medical negligence claims, including:
- Medical records, such as scan reports and prescriptions. These records will also likely contain notes on the severity and extent of the harm, as well as the overall impact on day-to-day life.
- Contact details for anyone who may have witnessed the substandard care, including staff and family members. The information can be used by one of our solicitors to obtain supportive witness statements.
- Photographs of any visible harm, such as scars or lesions.
- Diary entries narrating the impact of the harm, including effects on quality of life.
If you’re unsure where to start, you can rest assured that you’ll be supported from the outset by one of our solicitors. Contact our advisors to learn more, or keep reading to see some of the other benefits of claiming with our team.
Can I Claim On A No Win No Fee Basis?
Yes, you can claim on a No Win No Fee basis through one of our specialist solicitors. They operate through a Conditional Fee Agreement (CFA), which means that you can make a cervical cancer misdiagnosis claim without spiralling solicitor fees for the work done on your case.
In short, CFAs ensure there are:
- No upfront payments for solicitor fees.
- No hidden or extra solicitor fees being charged during your claim.
- No solicitor fees to pay if you lose your claim.
Your solicitor will only receive a success fee for their work if you win compensation. This is a legally capped percentage of your compensation that will be discussed with you when you sign a No Win No Fee agreement.
Besides the benefits offered by our CFAs, our solicitors can also help in the following ways:
- Simplifying legal language: If you’re ever unsure about terms or documents, you’ll always be able to get clarity from one of our solicitors.
- Supporting rehabilitation: If you require access to specialists, such as occupational therapists, one of our solicitors can help you access the care you need.
- Gathering evidence: We work diligently to obtain and piece together the necessary evidence to build a compelling case for compensation. Our solicitors can also arrange independent medical examinations to help strengthen claims.
- Negotiating compensation: Our solicitors are expert negotiators, knowing precisely how to engage with other parties. That expertise has already helped them secure more than £80 million in compensation nationwide.
Contact JF Law’s Solicitors
If you’re ready to get started or would like more information, reach out to our advisory team today. They can assess your situation and see if you can be put in touch with one of our expert No Win No Fee solicitors:
- Call 0151 375 9916.
- Contact us online.
Frequently Asked Questions
Below, you will find answers to some frequently asked questions concerning cervical cancer misdiagnosis.
How Often Is Cervical Cancer Misdiagnosed?
There is no definitive figure for how often cervical cancer is misdiagnosed. However, according to our own research, NHS Resolution recorded 1,364 claims involving a wrong, delayed, and/or failed cancer diagnosis between 2020 and 2023. NHS Resolution is an arm’s-length body that manages claims on behalf of NHS trusts.
What Are The Symptoms Of Cervical Cancer?
Some of the symptoms of cervical cancer include:
- Pain in the pelvis.
- Abnormal vaginal discharge.
- Pain or discomfort during intercourse.
- Unusual vaginal bleeding.
What Can Cervical Cancer Be Misdiagnosed As?
Cervical cancer can sometimes be misdiagnosed as endometriosis or fibroids, as they have similar symptoms to those highlighted above. This type of cancer may also be misdiagnosed as:
- Urinary tract infections (UTI)
- Irregular periods
- Vaginal amebiasis
- Menopause
- Sexually-transmitted infections (STIs)
Can I Claim If I Was Misdiagnosed With Cervical Cancer?
Yes, you can claim if you were misdiagnosed with cervical cancer, so long as you meet the criteria we outlined early on in this guide.
Is Cervical Cancer Hereditary?
There is no evidence that cervical cancer is hereditary, as most instances of this disease are caused by human papillomavirus (HPV). However, you may be at increased risk of squamous cell carcinoma (SCC) if your mother, daughter, or sister has had cervical cancer. However, it is yet to be determined whether the risk is due to environmental factors or a genetic component.
More Information
Here are some more guides:
- Information on surgery negligence claims.
- Our guide on making a birth injury claim.
- Details on medication error claims.
Some of these external resources may also help:
- Cervical cancer statistics from the National Institute for Health and Care Excellence (NICE)
- Guidance on the HPV vaccine from the NHS.
- How to raise concerns about a doctor with the GMC.
Thank you for reading our guide on cervical cancer misdiagnosis.
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