Cervical Cancer Misdiagnosis Compensation Claims Guide

By Cat Way. Last Updated 7th June 2024. Our guide discusses when you could begin a medical negligence claim for the effects of a negligent cervical cancer misdiagnosis. Medical professionals who agree to treat you have a duty to give the correct standard of care. We start this guide by explaining how you could seek compensation if a breach of that duty leads to misdiagnosis of cervical cancer and avoidable harm.

We take you through some examples of medical negligence and outline the sort of evidence you will need to support your claim. Furthermore, we look at how a compensation payout is calculated and how it aims to address the physical and mental effects of medical negligence as well as the financial damage suffered.

Finally, we cover the benefits of having one of our No Win No Fee solicitors work on your claim. You can learn more about this and get a free assessment of your potential claim from one of our advisors. To get in touch, you can:

• Call 0800 073 8804.
• Go to our ‘claim online’ page to make a query.
• Open the live chat feature below

Select A Section

1. When Could You Claim For Cervical Cancer Misdiagnosis?
2. Causes Of Cervical Cancers Being Misdiagnosed
3. Proving Your Claim For Cervical Cancer Misdiagnosis
4. What Could You Claim For Cervical Cancer Misdiagnosis?
5. Why Choose A No Win No Fee Solicitor To Claim For Cervical Cancer Misdiagnosis?
6. Related Guides To Negligent Cancer Care

When Could You Claim For Cervical Cancer Misdiagnosis?

All medical professionals have a duty of care towards patients. They must provide the correct level of care, and could be at fault for the patient suffering avoidable harm if they do not. A cervical cancer misdiagnosis does not always happen because a medical professional gave substandard care, however, so it is not always possible to pursue compensation.

Your medical negligence claim must meet all of these eligibility criteria in order to be valid:

• A medical professional owed you a duty of care.
• They did not provide the correct standard of care, therefore breaching their duty.
• This breach led to you suffering avoidable harm.

Clinical Negligence Claim Time Limits

It is also important to remember that a medical negligence claim must be submitted in time. According to the Limitation Act 1980, a claim generally must begin within three years of the medical negligence occurring. Alternatively, if you only become aware later that a breached duty of care caused you to suffer avoidable harm, you could have three years from that date of knowledge.

There are other exceptions that can apply to the general three-year time limit in which claimants have to begin legal proceedings, including if the party is a child, or if the affected party has a reduced mental capacity.

You can learn more about the time limit for medical negligence claims, and ask any questions you may have about claiming for cervical cancer misdiagnosis, by calling the number above.

Causes Of Cervical Cancers Being Misdiagnosed

According to the NHS, cervical cancer is a cancer that develops in the cervix which is part of the reproductive system. Some symptoms of cervical cancer include unusual vaginal bleeding or vaginal discharge and pain in the lower back or pelvis. A medical professional may refer you for a colposcopy if it’s found you have abnormal cells in the cervix, a test that helps to identify if you have cancer in the cervix. 

If a medical professional fails to give the correct standard of care, it could lead to a failure to diagnose cervical cancer, a delayed diagnosis or a wrongly diagnosed condition. Additionally, it could lead to the cancer spreading to other parts of the body, such as the lymph nodes, liver, lungs, bones, bladder and bowel.

The below examples illustrate how this could occur:

• A medical professional in a hospital misdiagnosed cervical cancer as a urinary tract infection after failing to listen to all of your symptoms and not referring you for further testing.
• A doctor ordered an MRI scan but misinterpreted the results. You are not treated as a result of the misdiagnosis and the cervical cancer causes you to become infertile.
• Following a cervical screening, it’s found you have abnormal cells in your cervix alongside other symptoms. However, you are not referred for further testing. This leads to a delay in treatment that allows the cancer to spread to other organs by the time it is diagnosed.

If cervical cancer misdiagnosis has happened to you, and you believe a medical professional breached their duty of care, give our team a call. Our advisors can give you a free assessment to see if you could claim for medical negligence.

Proving Your Claim For Cervical Cancer Misdiagnosis

A medical negligence claim needs to prove a cervical cancer misdiagnosis was caused by a medical professional breaching their duty of care and that you suffered avoidable harm as a result. This could be shown through relevant evidence. Your chances of success could improve if you collect the below:

• Medical records, such as copies of test results and letters confirming your initial diagnosis as well as the correct diagnosis you later received. 
• Proof of expenses caused by medical negligence, such as payslips or bank statements. 
• Witness contact information of anyone who attended appointments with you. They can be contacted at a later stage for a statement.

During the claims process, you may need to undergo an independent medical assessment. This will be arranged for you and can produce an in-depth report detailing the different impacts of the negligent misdiagnosis, both physical and mental, as well as how you are likely to be affected in the future.

Your claim may also be subject to the Bolam Test, where professionals with relevant training give their opinion on whether you received care that met the correct standard. You also do not need to organise this test yourself and whether it is carried out will depend on the unique circumstances of your case.

If you have an eligible case, you could choose to instruct one of our expert solicitors to assist you with the different stages of the claims process. They have experience handling medical negligence claims and could help you collect evidence to prove medical negligence. For more information about the services they can provide, call on the number above and ask an advisor for details.

What Could You Claim For Cervical Cancer Misdiagnosis?

Winning a misdiagnosis of cancer claim entitles you to receive compensation. This payout could include up to two heads of claim.

One is general damages, the head of a claim that compensates for physical and mental impacts brought on due to a medical professional breaching their duty of care and causing you avoidable harm.

When general damages are calculated, those who assign a value to injuries or illnesses could use the guideline compensation brackets found in the Judicial College Guidelines (JCG).

Compensation Table

This table consists of figures from the JCG. However, the first table entry is not featured in the JCG. Also, please keep in mind that general damages payouts vary from case to case, so this table can only act as a guide.

How Special Damages Could Also Compensate You?

Special damages is the second head of claim which seeks to cover financial expenses caused by medical negligence.

Financial losses you could seek reimbursement of under special damages include:

• A loss of earnings if you are unable to work while ill.
• Medical bills, such as prescription charges.
• Domestic care fees.

If you have questions about medical negligence compensation, give our team a call. An advisor can talk you through the misdiagnosis claims process and explain what you could claim for.

Why Choose A No Win No Fee Solicitor To Claim For Cervical Cancer Misdiagnosis?

Our solicitors have heard many cervical cancer misdiagnosis stories, and are here to help if you are ready to make your claim. While you don’t have to proceed with the help of a solicitor, it can make the process feel less stressful.

When you choose to work with one of our solicitors on your cervical cancer misdiagnosis claim, they can help with a number of steps, including:

• Gathering evidence.
• Talking to the other party.
• Negotiating a settlement for the misdiagnosis and the harm caused by it.
• Ensuring the claim is filed on time.
• Translating legal jargon.

Plus, our solicitors can do all this on a No Win No Fee basis by offering you a Conditional Fee Agreement. This means that, generally:

• You don’t pay anything upfront for their services.
• You don’t pay ongoing fees for their work.
• If the claim fails, you don’t pay for their work on the claim.

You’ll pay a success fee if the claim succeeds. This is taken by your solicitor as a small, legally-capped percentage of your compensation.

Contact Us

If you’d like to claim for misdiagnosis of cervical cancer with one of our solicitors, contact our team of advisors today. They can evaluate your claim for free and potentially connect you to a member of our legal team.

To get started:

• Call 0800 073 8804
• Start your claim online
• Use the live chat feature

Related Guides To Negligent Cancer Care

You can see more medical negligence guides from us here:

• A closer look at breast cancer negligence compensation claims.
• Learn how to claim for lung cancer misdiagnosis and its effects.
• A guide explaining bladder cancer negligence claims and how our solicitors can help.
• To get answers to some questions you might have on medical negligence, head here to visit our FAQ page.

Here are some further resources:

• A guide on requesting a copy of your medical records from the NHS.
• The General Medical Council’s ethical standards for doctors.
• Government information on claiming Statutory Sick Pay after time taken off work.

We hope our guide to claiming for a cervical cancer misdiagnosis has helped you today. However, please call us if you have any questions.