£130,000 Compensation for Delayed Cervical Cancer Diagnosis

How We Helped

A member of our Medical Negligence team, and a specialist in cancer misdiagnosis and late diagnosis of cancer, agreed to investigate the case on a No Win, No Fee basis. Sarah arranged independent medical examinations for our client from a cytopathologist and a gynaecologist.

The expert evidence concluded that the smear test specimen taken in 2012 was incorrectly interpreted and reported as negative, when in fact it clearly showed endocervical dyskaryosis. If the test had been correctly reported, this would have prompted an urgent referral for colposcopy. A repeat smear test would have then been recommended for 6 months’ time, which would have led to a biopsy being performed.

At this time, the cancer could have been curable. With diagnosis and provision of appropriate treatment at the right time, our client would have avoided developing late stage cervical cancer and would have avoided the requirement for invasive treatment by way of laparoscopic pelvic and para-aortic lymph node dissection with frozen section, chemotherapy, radiotherapy, and brachytherapy.

She would have also retained her fertility and avoided symptoms of early menopause, which have put a significant strain on her life.

Sarah approached the Defendant who admitted that the smear test taken in 2012 hadn’t been correctly reported. They also accepted that but for the negligence, a biopsy would have been carried out before the end of that year.

Based on similar medical negligence cases, Sarah quantified the claim to include:

• Compensation for the pain and suffering associated with the Claimant’s diagnosis and treatment for invasive cancer
• Compensation for the long-term implications, including the Claimant’s loss of fertility
• Damages for loss of earnings, travel expenses, and care costs

Our client was also assessed by a psychiatrist, who noted that whist the initial period of depression improved, she now suffers as a result of these events from generalised anxiety. This means she often feels tense, restless, fatigued, hyper alert, and worried about the welfare of her loved ones.

The psychiatrist’s report said this was a direct consequence of the negligence she had experienced, as she would have dealt with an earlier cancer diagnosis at the pre-invasive stage “with fortitude”. The cost of psychiatric treatment such as Cognitive Behavioural Therapy or Applied Relaxation, was also included in our valuation of her claim.

The Outcome

The Defendant agreed to pay our client a total of £130,000 in compensation. While she has been left unable to conceive a baby naturally, she has successfully adopted two young children since she received her diagnosis and subsequent compensation.

Why Choose Simpson Millar

If you have been diagnosed with cancer but you believe that you suffered medical negligence and it could have been identified much sooner, our expert medical negligence lawyers can help you with a free claims assessment. Contact us today to find out if you have a case for compensation and how we can help guide you throughout the process.

Our team have helped secure compensation for thousands of clients worth hundreds of millions of pounds, arising from claims for medical negligence. We help our clients access the care, treatment, rehabilitation, and support they need to re-build their lives.

We know that starting a claim for compensation can be overwhelming, especially against the NHS and we pride ourselves on making the legal process as smooth, and stress-free as possible. Our honest and friendly approach will help you feel at ease and we will remove all the stresses associated with legal proceedings, so that you can focus on your health and rehabilitation.