Cervical Cancer Misdiagnosis Claims – Everything You Need To Know

An early diagnosis and treatment of cancer is invaluable to a person’s ability to recover. Therefore, a cervical cancer misdiagnosis can cause people to suffer severe symptoms and may even result in death. You can read this guide to find out whether you could be eligible to claim medical misdiagnosis compensation, which may help with your recovery.

What You Need To Know

  • You could be eligible to claim if you suffered unnecessary harm due to the failure of a medical professional to meet the minimum standard of care when treating you.
  • You could receive compensation for the suffering you have experienced and the costs that are often associated with this harm.
  • Misdiagnosis may occur in a variety of scenarios, including a failure of a doctor to recognise your symptoms or an incorrect reading of test results
  • You typically have 3 years to start a medical negligence claim, though exceptions may apply.
  • Our panel of solicitors represent eligible claimants through No Win No Fee contracts. They offer excellent services to help make the legal process easier for you.

If you have any questions about medical negligence claims, please do not hesitate to speak with an advisor from our team. They can explain anything you are unsure of and determine whether you are eligible to work with a solicitor from our panel. However, there is no pressure to start a claim after enquiring, as all advice is offered with no strings attached. We understand that starting a claim is a big decision, so reach out today to discuss further:

A girl lying in a hospital bed after a delayed diagnosis means that she requires invasive treatments

Jump To A Section

  1. Can I Make A Cervical Cancer Misdiagnosis Claim?
  2. How Much Cervical Cancer Negligence Compensation Could I Get?
  3. What Can Lead To A Cervical Cancer Misdiagnosis?
  4. How Can I Claim For Cervical Cancer Compensation?
  5. Getting Help From Medical Negligence Claims Care
  6. More Information

Can I Make A Cervical Cancer Misdiagnosis Claim?

You could make a cervical cancer misdiagnosis claim if your case meets the following eligibility requirements:

  • A medical practitioner must have owed you a duty of care
  • They must have failed to meet their duty of care
  • This caused you to suffer unnecessary harm

All medical professionals owe a duty of care to the patients that they treat. This means that they must provide you with the minimum expected standard of care when treating you. So, if you present the typical symptoms of cervical cancer, a doctor should organise for the required tests to be performed in order to give the correct diagnosis.

The General Medical Council (GMC) provides resources for doctors to keep their knowledge and skills up to date. This can help them to provide the correct standard of treatment to patients. Additionally, the Royal College of Obstetricians & Gynaecologists provide guidance to those working in this specific field of medicine.

Not all instances of harm provide grounds for a medical negligence claim. Sometimes, medical treatment requires a patient to experience some harm. For example, chemotherapy can cause pain, but it may be necessary for the patient to recover. The harm that you experienced must have been avoidable in order to be eligible for compensation. We provide examples of unnecessary harm later in this guide; please continue reading for more information.

Making A Claim On Behalf Of A Loved One

If your loved one or family member is unable to make decisions for a cervical cancer misdiagnosis claim themselves, you may be able to act as a litigation friend. This is where an eligible person represents the claim on someone else’s behalf, making decisions that are in the interest of the impacted person. This may apply in cases where the person who has suffered harm is unable to make their own claim, such as those:

  • Below the age of 18
  • Mentally incapacitated

You may also be eligible to claim if your loved one or family member has passed away. Under the Law Reform (Miscellaneous Provisions Act) 1934, the deceased’s estate can make a claim for the suffering and financial losses that the deceased experienced prior to their death. They are also the only party that can begin a claim within the first 6 months following the death.

6 months after the date on which the death occurred, some eligible relatives of the deceased can make a claim for how the death has impacted them if the estate has not made one on their behalf. This is established by the Fatal Accidents Act 1976. Those who may claim in this situation include:

  • A husband, wife or civil partner
  • A parent, step-parent or someone treated as such
  • A person who lived with the deceased for 2 years prior to their death as their spouse
  • A child, stepchild or someone treated as such
  • The sister, brother, aunt or uncle of the deceased or their children

You are welcome to contact an advisor at any time to find out when you can make a misdiagnosed cancer claim on your own behalf or for someone else. They can discuss the specific nature of the claim and let you know whether you could be eligible to proceed with an experienced No Win No Fee solicitor from our panel.

How Much Cervical Cancer Negligence Compensation Could I Get?

The amount of compensation you could receive for a cervical cancer misdiagnosis depends on multiple factors. In successful claims of this nature, general damages will be awarded. These cover the suffering and pain that you have experienced as a result of medical negligence. If you have yet to recover from the unnecessary harm you experienced, this part of the compensation may also account for the future physical and mental impact.

When assessing general damages, legal professionals may use the Judicial College Guidelines (JCG). This document outlines compensation guidance brackets for different types and severities of injuries and illnesses.

We have included some figures from the JCG in the table below. However, please consider the fact that these figures do not guarantee the potential medical negligence payout that you could receive. Each case is unique and comes with its own set of circumstances. Therefore, please view the table below as a guide only.

If you would like a better estimate of your potential compensation total, you can speak with our advisors for a case assessment that is provided free of charge. They have the experience to ask the questions that are relevant to your case, allowing them to tailor their advice specifically to you. They can outline the various aspects that your compensation may cover.

The first figure was not provided by the JCG.

Type of InjurySeverityCompensation BracketNotes
Multiple forms of severe harm with the associated financial lossesSevereUp to £500,000+Compensation for suffering multiple forms of severe harm and any associated financial losses such as medical expenses and lost earnings.
Female reproductive systemInfertility due to disease or injury£140,210 to £207,260The claimant will experience anxiety, a lack of sexual functioning and depression
Sexual dysfunction£52,490 to £124,620Likely to be permanent in cases where the person has children or would not have had them under any circumstance.
Infertility without aggravating features£68,440 to £87,070Affecting a young person without children with no sexual dysfunction or aggravating features.
Infertility without medical complications £21,920 to £44,840Affecting a person who already has children and with no sexual dysfunction present.
BowelsTotal loss of natural functionUp to £183,190Depending on the person's age, they may have a dependence on a colostomy.
Lung diseaseLung cancer£85,460 to £118,790Impairing lung function and causing severe pain in typically an older person.
BladderImpaired control£78,080 to £97,540Serious impairment with some incontinence and pain.

What Can Compensation Help With After A Misdiagnosis?

Compensation after a misdiagnosis could not only help you with gaining a sense of justice, but it could also help you with any associated financial losses you experienced. These losses could be compensated under special damages.

Examples of costs you could reclaim include:

  • Lost income due to time taken off work
  • Payments for medical treatment
  • Expenses made for travel back and forth from medical appointments
  • The cost of professional care
  • Any childcare expenses you had to pay if you were unable to care for your children while you recovered

You will need to provide proof of these costs if you would like to add them to your claim for compensation. You may do this by providing receipts and bank statements.

If you have any questions about the various components of compensation and what they encompass, you can consult with an advisor at any time. They can also discuss your case in detail and outline what costs you could be eligible to recover.

A diagram showing the uterus and cervix.

What Can Lead To A Cervical Cancer Misdiagnosis?

There are a variety of situations that could give rise to cervical cancer misdiagnosis. Examples include:

  • Despite the fact that you present the common symptoms of cervical cancer, your gynaecologist fails to ask for more tests and sends you home without a diagnosis.  It takes months before your cancer is diagnosed, and during this time, your condition worsens.
  • During a colposcopy, a medical practitioner misreads your test results and incorrectly diagnoses you with cervical cancer. You suffer from severe psychological harm and believe that you are infertile. You later find out that you do not have cancer.
  • A doctor mixes up your test results with those of another patient. As a result, you have a procedure to remove abnormal cells in your cervix. You later find out that this procedure and the pain associated with it were unnecessary.

How Often Do Misdiagnoses of Cervical Cancer Happen?

There were 3,256 cases of cervical cancer each year between 2017 and 2019, according to Cancer Research UK. 99.8% of cervical cancer cases are preventable, according to Cancer Research UK in 2015, so the failure of a medical practitioner to recognise it in its early stages can be detrimental to a person’s health.

853 people died due to cervical cancer between 2017 and 2019. Cervical screening appointments are available to help women gain a cervical cancer diagnosis in its early stages. However, the effectiveness of these procedures relies on the abilities of the medical professionals providing the treatment. Severe cases of misdiagnosis can lead to fatalities if it is too late for treatment to have an effect. 

The Common Symptoms Of Cervical Cancer

The symptoms of cervical cancer may include:

  • Pain during sexual intercourse
  • Changes in vaginal discharge
  • Vaginal bleeding that is outside of the norm for you
  • Pain in your pelvis, lower back or lower stomach

If you have experienced the symptoms of cervical cancer and believe that a doctor failed to provide you with a diagnosis, you can speak with an advisor from our team.

How Can I Claim For Cervical Cancer Compensation?

In order to claim compensation for a cervical cancer misdiagnosis, you will need to provide evidence. This must show that medical negligence occurred. It may include:

  • A copy of your medical records
  • Contact details of people who witnessed your symptoms or medical appointments
  • Correspondence from the healthcare facility (sometimes you may receive written communication that confirms you received negligent treatment)
  • Bank statements showing lost income
  • A diary detailing your symptoms

You must also ensure that you meet the legal time limit that is in place for medical negligence claims. Typically, you must start your claim for compensation within 3 years. This may start from the date on which you received negligent treatment or the date on which you became aware of the negligence. The Limitation Act 1980 establishes this.

However, there may be an exception to the time limit if the claims involve someone who is below the age of 18 or mentally incapacitated. Since a person cannot claim for themselves in these scenarios, the time limit is frozen. Once the impacted person regains mental capacity (if they ever do) or reaches their 18th birthday, the 3-year time limit can begin.

Our advisors are also available to handle your enquiry at any time. We understand that claiming for cervical cancer misdiagnosis can seem like a complicated process, so we will provide you with the straightforward answers you need to proceed.

A solicitor sits at a desk working on a cervical cancer misdiagnosis claim.

Getting Help From Medical Negligence Claims Care

Our panel of medical negligence solicitors may be able to help you make a claim if you meet the eligibility requirements. They provide excellent legal representation on a No Win No Fee basis. This means that, by signing a Conditional Fee Agreement (CFA), you would not be required to pay for your solicitor’s work:

  • Before the claim starts
  • While the claim is proceeding
  • In the event that you do not receive compensation

However, if you do gain compensation, you will need to pay a success fee. This is a percentage of the compensation that you pay to your solicitor. There is a legal cap in place to ensure that you keep the largest share of the compensation.

There is an option to proceed without legal representation. However, our a solicitor from our panel could make the process much easier for your by providing the following services:

  • Negotiating for your compensation settlement to cover the various types of impact you have suffered due to medical negligence
  • Helping you to collect the evidence that will strengthen your case and improve your chances of gaining compensation
  • Handling correspondence with the defending party on your behalf, ensuring that all communication is professional
  • Explaining legal concepts and processes to give you a better understanding of how your claim is proceeding
  • Helping you to apply for an interim payment, where possible (this is a payment that you could be eligible to receive before the case has been completely settled)

Contact Our Advisors

If you would like to access the services we have listed or would simply like some more information about cervical cancer misdiagnosis claims, you can speak to our team of advisors. They are available to help you decide whether you may wish to start a claim and could potentially connect you to a No Win No Fee solicitor from our panel. Compensation can help claimants to reduce their financial stress and focus on recovery, so why not get in touch today?

More Information

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Thank you for reading our guide on cervical cancer misdiagnosis claims.