If you have suffered from a cervical cancer misdiagnosis, you may be asking, ‘can I claim compensation?’. If you meet the specific eligibility criteria discussed in this guide, you may be able to make a medical negligence misdiagnosis claim.
Key Points In Cervical Cancer Misdiagnosis Claims
- Cervical cancer can be found anywhere in the cervix and may require extensive treatment if caught late.
- If a medical professional misdiagnosed your cervical cancer, you may be eligible to claim compensation if you meet the specific criteria.
- The amount of compensation you may be awarded is determined by the extent of your suffering and losses.
- Generally, you have three years to start a claim; however, there are some exceptions to this.
- Our solicitors may help you claim compensation on a No Win No Fee basis.
If you have suffered due to misdiagnosis, contact our helpful advisors today:
- Visit our contact page
- Give our advisors a call on 0800 073 8804
- Message our advisors on our live chat
Jump To A Section
- What Is Cervical Cancer?
- Can I Make A Cervical Cancer Misdiagnosis Claim?
- Why Is Cervical Cancer Misdiagnosed?
- How Can Cervical Cancer Misdiagnosis Impact You?
- Time Limits In Medical Misdiagnosis Claims
- How Much Compensation Could You Get For Cancer Misdiagnosis?
- Make A Cervical Cancer Misdiagnosis Claim With Legal Expert
- Learn More
What Is Cervical Cancer?
Cervical cancer is most common in women between the ages of 30 and 35 and may be found anywhere in the cervix. Although it typically grows at a slow rate, it may spread to other parts of your body. Your chances of developing cervical cancer may be reduced by attending cervical screening. This is a common assessment and aims to find changes to cells before they turn into cancer.
Symptoms And Treatment
The most common cervical cancer symptoms you may experience include:
- Vaginal bleeding – such as during or after sex, between periods and after menopause
- Pain in your lower back, pelvis or lower stomach
- Pain during sex
- Vaginal discharge changes
If you have been diagnosed with cervical cancer, medical professionals will discuss a particular treatment plan with you. The main forms of treatment for cervical cancer include:
- Surgery
- Chemotherapy
- Radiotherapy
- Targeted medicines and immunotherapy
If your cervical cancer has been misdiagnosed, you may be eligible to make a medical negligence claim. Contact our advisors to find out more about this.
Can I Make A Cervical Cancer Misdiagnosis Claim?
All medical professionals owe their patients a duty of care. As such, they must provide the correct level of care and avoid causing unnecessary harm to their patients.
If you were in the care of a medical professional who misdiagnosed your cervical cancer, causing further suffering, you may be eligible to start a medical negligence claim and be entitled to compensation.
Below is a list of the requirements you must meet to have good grounds to claim medical negligence compensation:
- A medical professional must have owed you a duty of care
- They must have failed to provide the correct standard of care, breaching this duty
- This must have caused you to suffer from avoidable harm
If you meet these criteria, you may be eligible to start a compensation claim for any suffering or losses caused by your cervical cancer misdiagnosis.
Contact our helpful advisors for a free consultation and to start your claim today.
Why Is Cervical Cancer Misdiagnosed?
Cervical cancer is often preventable, and if caught early, it can often be treated with minimally invasive treatment. However, if a misdiagnosis occurs, it may result in a person sustaining further harm.
Some examples of how medical professionals can make a cervical cancer misdiagnosis include:
- Failure to record accurate results of a Pap smear test
- Failure to check or report laboratory results
- Failure to investigate abnormal cells
- Failing to transfer the patient to a specialist practitioner
What Can Cervical Cancer Be Mistaken For?
In some circumstances, a medical professional may misdiagnose cervical cancer by mistaking it for another condition. If this happened to you and caused you to suffer more, you may be eligible to claim compensation.
Some examples of conditions cervical cancer may be mistaken for include:
- Endometriosis
- Genital infections (STDs)
- Endocervical glandular hyperplasia
- Vaginal amebiasis
If a medical professional has misdiagnosed your cervical cancer for another condition and this has caused avoidable suffering, you may be eligible to claim compensation.
Call our friendly advisors today for more information on whether you are eligible to claim compensation.
How Can Cervical Cancer Misdiagnosis Impact You?
Understandably, a cervical cancer misdiagnosis can impact your general health. This is because a misdiagnosis may cause avoidable harm or require more invasive treatment that could prolong your suffering or recovery.
This type of misdiagnosis may also have a psychological impact on you. For example, it may increase your stress levels or cause you to worry about your health, recovery, family commitments or even your ability to work.
If your medical negligence claim is successful, you may be compensated for how your misdiagnosis has impacted you. Contact our helpful advisors today for further information.
Time Limits In Medical Misdiagnosis Claims
Under the Limitation Act 1980, there is generally a three-year time limit for starting a medical misdiagnosis claim. Typically, this time limit may run from either:
- The date the medical negligence happened or;
- The date you received the knowledge of your misdiagnosis
However, in some cases, there may be exceptions to this rule, such as:
- If a minor suffers from a medical misdiagnosis, the three-year time limit will commence on the date they turn eighteen years old and will run until they turn twenty-one years old.
- If a person suffering from a misdiagnosis lacks mental capacity, they may be unable to claim. Therefore, the three-year limitation period will be paused. However, if the claimant regains mental capacity, the three-year time limit will commence on the date this is recognised.
Under such circumstances, when the time limit is delayed or indefinitely paused, a litigation friend may file a medical misdiagnosis claim on behalf of the claimant.
Contact our helpful advisors to start your compensation claim today or to talk about your specific time limit.
How Much Compensation Could You Get For Cancer Misdiagnosis?
If you are eligible to make a cervical cancer claim and it is successful, you may be awarded compensation. Settlements may be given under two heads of claim: general damages and special damages.
If general damages have been awarded, this means that you have been compensated for any physical pain or psychological suffering you experienced as a result of your misdiagnosis.
General damages will likely be calculated using documents such as an independent medical assessor report or guidelines presented by the Judicial College (JCG). This document contains a list of injuries and conditions alongside their suggestive compensation brackets.
The table below was taken from the JCG (except from the top bracket) to illustrate how compensation could be calculated for general damages following a successful claim.
| Injury | Compensation Guideline Figure |
|---|---|
| Multiple Severe Injuries and Significant Financial Losses | Up to £1 million plus |
| Female Reproductive Injuries (a) | £140,210 to £207,260 |
| Female Reproductive Injuries (b) | £52,490 to £124,620 |
| Female Reproductive Injuries (c) | £68,440 to £87,070 |
| Female Reproductive Injuries (d) | £21,920 to £44,840 |
| Female Reproductive Injuries (e) | £8,060 to £22,800 |
| Female Reproductive Injuries (f) | £4,140 to £24,930 |
| Female Reproductive Injuries (g) | In the region of £12,450 |
| Bowel Injuries (b) | Up to £183,190 |
| A Number of Noticeable Laceration Scars or One Single Disfiguring Scar | £9,560 to £27,740 |
Can I Claim For The Financial Effects Of Cervical Cancer Misdiagnosis?
In some cases, a cancer misdiagnosis may result in you incurring financial losses. You may be eligible to claim compensation for this under the second head of claim, special damages. However, you can only claim for this if you are claiming for general damages.
Some examples of the financial losses you may claim back include:
- Missed wages
- Lost work privileges such as bonuses
- Travel and medical expenses
- Home adjustments or special equipment – these may be necessary to support your treatment or recovery
When claiming financial losses, you must provide evidence. Some examples of this include:
- Payslips
- Bank statements
- Medical bills
- Receipts
If you are struggling to obtain evidence, our medical negligence solicitors may help you collect it. They may then begin to calculate your potential compensation and build your case.
To find out if you may be compensated for your cervical cancer misdiagnosis, contact our friendly advisors today.
Make A Cervical Cancer Misdiagnosis Claim With Legal Expert
If you are eligible to make a cervical cancer misdiagnosis claim to be compensated for your suffering, our solicitors want to support you. They are experienced in medical negligence claims and can use their expertise to:
- Guide you through the claims process
- Explain any key terminology or documents
- Help gather evidence
- Build your case
- Negotiate settlements on your behalf
We understand that you may be worried about the cost of seeking legal representation. However, our solicitors operate on a No Win No Fee basis. This means you may sign a Conditional Fee Agreement (CFA) before starting your claim to offer you financial security for legal representation. Some examples of why this may benefit you are:
- You do not have to pay upfront costs for our solicitor’s work on your claim.
- If your claim is successful, our solicitors will take a legally capped minimal percentage of the compensation you are awarded to cover their success fees.
- If your claim is unsuccessful, our solicitors will not request any payments for the work they have completed on your case.
Contact Us
If you have suffered from a cervical cancer misdiagnosis, contact our helpful advisors today:
- Visit our contact page
- Give our advisors a call on 0800 073 8804
- Message our advisors on our live chat
Learn More
For more information on medical misdiagnosis claims, visit the links below:
- Read about the average payout for cancer misdiagnosis claims
- Read about medical negligence private hospital claims
- Read about how you can prove hospital negligence
References:
- Find help and support for cervical cancer, NHS.UK
- Learn about statutory sick pay, GOV.UK
- Information about good medical practice standards, GMC.UK
Thank you for reading this guide on claims for cervical cancer misdiagnosis.
