This guide looks at when and how you could make a medical negligence claim following a cervical cancer misdiagnosis. A misdiagnosis of cancer can result in delayed treatments, worsening symptoms, and possibly the cancer spreading to other areas of the body. The consequences of this can be serious and even fatal.
If you have valid grounds to proceed with your case, you could seek compensation for the effects of a negligent misdiagnosis. We discuss the medical negligence claims eligibility criteria in more detail later in our guide, as well as the evidence you could provide to support your case.
Additionally, we look at the duty of care medical professionals owe their patients and provide examples of how a breach of this duty could lead to you experiencing a misdiagnosis.
Furthermore, we discuss how a payout awarded following a successful cancer misdiagnosis may be calculated and how it aims to address the effects of the negligent misdiagnosis.
The end of this guide highlights the benefits of working with a No Win No Fee solicitor from our panel and the terms under which they could offer their helpful services.
If you have any other questions about medical negligence claims, please contact our team of advisors. They can provide free advice 24/7. To reach them, you can:
- Call 0161 696 9685.
- Enter your details on our ‘Contact Us‘ page.
- Message in our live chat box.
How To Claim For Cervical Cancer Misdiagnosis
Jump To A Section
- How To Claim For Cervical Cancer Misdiagnosis
- Why Does Cervical Cancer Get Misdiagnosed?
- How To Prove A Negligent Cancer Misdiagnosis Claim
- What Could You Claim For Cervical Cancer Misdiagnosis?
- How Do You Claim For Cervical Cancer Misdiagnosis On A No Win No Fee Basis?
- Where To Learn More About Cancer Misdiagnosis Claims
How To Claim For Cervical Cancer Misdiagnosis
Every medical professional owes a duty of care to the patients they agree to treat. This duty requires always delivering the correct standard of care. If a medical professional causes you harm that could have been avoided because they gave you care that fell below the correct standard, this may constitute medical negligence.
In order to begin a medical negligence claim following a cervical cancer misdiagnosis, you need to prove the following:
- A medical professional owed you a duty of care.
- They breached their duty of care.
- You suffered avoidable harm as a result.
Clinical Negligence Claim Time Limits
You must also begin your medical negligence claim within the limitation period set out in the Limitation Act 1980. This time limit is 3 years. These 3 years commence from either the date you experienced medical negligence or the date you became aware that you experienced medical negligence.
There are exceptions to this time limit, such as if the claimant is under 18 years old, or if the claimant lacks the mental capacity they need in order to make a claim for themselves.
If you have experienced a cervical cancer misdiagnosis and want more information about the eligibility requirements and the time limits, please contact an advisor on the number above.
Why Does Cervical Cancer Get Misdiagnosed?
According to the NHS, cervical cancer is a type of cancer that is found anywhere in the cervix which is part of the reproductive system. Macmillan Cancer Support states that cervical cancer can spread to different areas of the body, such as the lungs, bladder, or bowels.
There are several reasons why a cervical cancer misdiagnosis might happen and different impacts this could have. For example:
- After attending a a cervical screening, the test results show you have abnormal cells in your cervix. However, you are not referred for further tests and are instead diagnosed with a different condition. As a result, the cancer spreads to the bladder and bowels and you require more invasive treatment.
- The admin team in a hospital may have mixed up your test results with another patient’s. As a result of hospital negligence, you receive the incorrect diagnosis and the wrong treatment.
- A doctor fails to listen to the patient’s concerns and symptoms and doesn’t refer them for any tests. Due to GP negligence, your condition goes undiagnosed resulting in the cancer spreading to the lungs.
It may not always be possible to claim for a cervical cancer misdiagnosis. You must prove that a medical professional failed to provide care that met the correct standard and you suffered avoidable harm as a result.
To discuss your specific case and find out whether you have valid grounds to pursue medical negligence compensation, call our team on the number above.
How To Prove A Negligent Cancer Misdiagnosis Claim
Having proof of medical negligence is important when claiming for a cervical cancer misdiagnosis. Examples of the evidence you could collect include:
- Copies of your medical records and notes. This can include test results, doctor notes and hospital reports. It can also include treatment plans and letters containing your diagnosis.
- Witness contact details from anyone who attended any of your medical appointments with you. They can be contacted for a statement at a later date.
- A diary containing information about your physical and mental well-being and symptoms following the misdiagnosis.
Additionally, the Bolam test may be carried out to determine whether the correct standard of care was given. This is often conducted by a group of relevantly trained medical professionals. You won’t be expected to arrange this yourself and it is case dependent as to whether it is carried out or not.
If you are eligible to make a medical negligence claim and you choose to instruct a solicitor from our panel, they can assist you in gathering evidence to substantiate your case. To find out more about the services they can offer and whether they can represent you, please contact an advisor on the number above.
What Could You Claim For Cervical Cancer Misdiagnosis?
If your medical negligence claim for a cervical cancer misdiagnosis is successful, you could potentially receive up to two heads of claim.
General damages are the head of claim that will always be awarded if a case is successful. It compensates for the physical and psychological impacts of the medical negligence and takes into consideration:
- The impact on your well-being.
- How your quality of life has been affected.
- The severity of physical pain.
The party responsible for calculating your general damages payout will refer to the Judicial College Guidelines (JCG). They can also refer to the medical report produced from your independent medical assessment which you may be required to attend as part of the claims process. The JCG contains a range of guideline compensation brackets for different types of harm.
Table Of Compensation
The table lists figures taken from the JCG. Please use these as a guide only as the value of each case is dependent on different factors. Also, the first entry is not from the JCG.
| Harm Type | Severity Level | Guideline Award Brackets | Other Details |
|---|---|---|---|
| Multiple serious injuries and illnesses with special damages | Serious | Up to £250,000+ | Compensation can be awarded for the impacts of the negligent misdiagnosis, including financial losses and the physical and psychological effects. |
| Bowel | Double incontinence (a) | Up to £184,200 | Loss of natural bowel function with total loss of urinary function and control. Other medical complications are present. |
| Total loss of function (b) | Up to £150,110 | There may be dependence on a colostomy but age will factor into this. | |
| Bladder | Double incontinence (a) | Up to £184,200 | Where the function and control of both the bowel and bladder are lost as well as urinary control. There are also other medical complications. |
| Serious (c) | £63,980 to £79,930 | Impairment of control of a serious nature with some pain and incontinence. | |
| Female reproductive system | Infertility and sexual dysfunction (a) | £114,900 to £170,280 | Caused by disease or injury and resulting in severe anxiety and depression, sexual dysfunction, pain and scarring. |
| Sexual dysfunction (b) | £43,010 to £102,100 | Permanent sexual dysfunction in cases where the person has children or would not have had them. The upper end of the bracket includes cases with other significant complications, such as where multiple surgeries have been required. | |
| Infertility with no sexual dysfunction or aggravating features (c) | £56,080 to £71,350 | Cases where the person is young and has no children. | |
| Infertility with no sexual dysfunction or medical complications (d) | £17,960 to £36,740 | The person will already have children. | |
| Lung | Serious (a) | £100,670 to £135,920 | A serious disability present in a young person. There is a chance of the condition worsening and causing an early death. |
What Further Types Of Damages Could Be Awarded?
Special damages are the head of claim that can be awarded if you receive general damages. They can award compensation to reimburse your financial losses caused by medical negligence, including:
- The cost of any necessary home adaptations.
- Loss of earnings from time taken off work.
- Medical expenses, such as prescription costs.
You must keep evidence of your monetary losses. Such evidence can include bank statements, invoices, receipts, and payslips.
If you get in touch with an advisor, they can let you know about what you might potentially be compensated for to address the impacts of a negligent misdiagnosis.
How Do You Claim For Cervical Cancer Misdiagnosis On A No Win No Fee Basis?
If you are eligible to begin a claim for a cervical cancer misdiagnosis, you could instruct a specialist medical negligence solicitor from our panel. They offer helpful services, including assistance gathering evidence to build up a strong case, and ensuring your case is presented within the correct time frame. Additionally, they can work on a No Win No Fee basis by offering you a contract called a Conditional Fee Agreement (CFA).
The terms of a CFA typical mean you will not have to pay any upfront or ongoing fees for your solicitor’s work or fees for their services if your claim is unsuccessful.
In a successful claim, your solicitor will take a success fee out of your compensation before it is awarded. They will take this fee as a percentage, however it has a legal cap ensuring you keep the majority of your award.
Contact Us
If you have suffered avoidable harm after receiving a cervical cancer misdiagnosis because a medical professional provided substandard care, please get in touch with our team. They can assess whether you’re eligible to begin a medical negligence claim and may connect you with an expert solicitor from our panel to assist you. For more information, you can:
- Call 0161 696 9685.
- Enter your details on our ‘Contact Us‘ page.
- Message in our live chat box.
Where To Learn More About Cancer Misdiagnosis Claims
For more of our guides:
- If someone you know has suffered a fatality because of medical negligence, learn how you could make a wrongful death compensation claim on their behalf.
- Learn about the bolam test and how it can support your claim.
- Read more examples of medical negligence and how you could be affected.
For more external resources:
- GOV.UK – A programme overview on cervical screenings.
- Cancer Research UK – Information about cervical cancer and support.
- General Medical Council – Raise a concern about a doctor.
Thank you for reading our guide on when you could claim medical negligence compensation for a cervical cancer misdiagnosis. If you have any other questions, please contact an advisor on the number above.