Cancer Misdiagnosis Claims

Cervical Cancer Misdiagnosis Claims

Regular screening plays an important role in preventing cervical cancer, but too often our solicitors witness the tragic results of medical errors. If you or a loved one has been affected by inaccurate smear tests or the negligent interpretation of the results, we could help you claim compensation.

Cervical cancer misdiagnosis frequently happens when symptoms are mistaken for heavy periods or the menopause. It’s vital that these signs are taken seriously:

  • Pain and bleeding after sex
  • Unusual vaginal discharge
  • Bleeding between periods
  • Changes in menstrual cycle

We may be able to help you claim compensation if your cervical cancer went undiagnosed for too long, leading to the need for more invasive and radical treatment that could have been avoided.

Other cervical cancer claims come about when the disease is recognised at an early stage, but inadequate treatment is given or smear tests read incorrectly. In other cases, overly aggressive treatment is advised, resulting in unnecessary hysterectomies.

Our medical negligence lawyers also represent the families of women who have passed away from cervical cancer, investigating their case and seeking answers as to how it happened.

We accept No Win No Fee funding for many cervical cancer claims, which means you won’t have to worry about legal costs during your compensation claim. We’re the UK’s largest medical negligence department, so we’ve got the expertise to help you secure justice and compensation.

Please contact our legal experts on 0800 121 6567 for free initial advice about making a cervical cancer claim.


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Cervical Cancer Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your illness. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

    • Can I Make A Claim On A No Win No Fee Basis?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • Who Can Make A Claim?
    • All medical professionals have a duty of care to make sure that your condition is diagnosed as soon as possible and that you’re given the right treatment. If this doesn’t happen, your cancer could go undetected and spread to other parts of the body, making it harder to treat and in some cases becoming terminal.

      You might be able to make a compensation claim if the GP or consultant taking care of you didn’t:

      • Link your symptoms to cervical cancer
      • Diagnose you with the correct condition
      • Provide an adequate initial investigation
      • Refer you for the relevant CT and MRI scans
      • Carry out your biopsy correctly
      • Accurately interpret your test results

      Our medical negligence solicitors are here to help you claim compensation that can pay for:

      • Specialist private medical treatment
      • Rehabilitation
      • Loss of earnings
      • Expenses (e.g. travel costs)

      Everyone has the right to a high standard of care but avoidable medical errors do happen. By contacting us today we can act quickly to secure you specialist care and support which can make a huge difference.

    • Can I Claim For A Loved One Who Has Died?
    • If a loved one has died because of a delay in the diagnosis of cervical cancer, our lawyers can help you with:

      • Recovering compensation for their pain and suffering, to account for financial losses caused by their death and to cover funeral expenses.
      • Representing you at inquest
      • Getting you the answers and apology you deserve from those responsible

      Our lawyers could help you access a statutory bereavement award, which is separate to a claim for compensation and recognises your grief in the event of a wrongful death. This is available if you’re the spouse, civil partner or parent (if they’re under 18) of the person who died.

    • What Are The Time Limits For Making A Claim?
    • In most medical negligence cases, you have three years to make a compensation claim, starting from the date the negligence happened (or the date you first became aware that you’d suffered because of negligence). If a loved one has died due to cervical cancer negligence, the three year time limit begins on the day they died.

      It’s important to contact us as soon as possible so that we can begin to investigate your claim. If you have questions or concerns about the time limits, please call us for free initial advice on 0800 121 6567.

    • Meet The Team
    • As the largest medical negligence department in the country, our solicitors are highly rated by independent legal guides.

      We have years of experience in securing compensation for those who have suffered as a consequence of medical errors. Our solicitors are aware that every claim is different and we make sure that we understand the care and support you need.

      We know that getting access to the best treatment for your cancer is a priority. We’ll aim to secure the treatment you need as soon as we can, using our connections at leading charities and specialist care providers.

      Getting an apology and explanation for what’s happened can be just as important as a compensation award. We’ll take the necessary steps to make complaints and will campaign to see that systems are put in place to ensure the same thing doesn’t happen to somebody else.

Irwin Mitchell is a firm of the highest integrity that will work for the client to provide an excellent, compassionate service from beginning to end."

Vivian, client

Frequently Asked Questions

How Is Cervical Cancer Diagnosed?

The first form of test for cervical cancer is the smear test (also known as a cervical screening test). It doesn’t diagnose cervical cancer but it does show if you’re at greater risk of developing cancer in the future. If the results show certain abnormalities in the cells of your cervix…

… you should be referred to a gynaecologist for more tests.

If your smear test has returned unusual results, you should have one or more of the following tests to determine whether or not you have cancer:

  • Colposcopy
  • Cone biopsy
  • Pelvic examination
  • CT, MRI and PET scans

It’s vital that your doctor receives accurate results at each stage of the diagnosis, and that these results are interpreted properly – any delay or error could have tragic consequences.

We’ve campaigned to have the age limit for cervical screening lowered to 20 in England, which would save lives and be in line with Scotland and Wales. As it stands, the age limit of 25 is a kind of postcode lottery, where women in England have to wait a full five years before being offered the same screening as Scotland and Wales.

We’re experienced at holding hospitals and doctors to account for mistakes made during the screening process. If you’re worried that you’ve been let down, please phone us on 0800 121 6567 for advice on making a claim.

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What Are The Consequences Of Misdiagnosis Or Delayed Diagnosis?

When doctors repeatedly ignore or misdiagnose the symptoms of cervical cancer, the cancer can spread throughout the body and become much more difficult to treat.

Cervical cancer is sometimes mistaken for heavy periods or the effects of the menopause. The most common causes of misdiagnosis and delayed diagnosis include failures to:

  • Refer a patient for a smear test (or any other form of test)
  • Interpret the results of a test or biopsy correctly
  • Notice a tumour during a cervical examination

Other cervical cancer claims come about when overly aggressive treatment is given, sometimes resulting in a hysterectomy that would not have otherwise been necessary.

We’ll thoroughly investigate the mistakes that were made during your treatment, asking independent medical experts to give their opinion on the nature of the hospital’s negligence. We know how important it can be to receive an apology and an explanation from the responsible organisation, as well as assurances that the same errors won’t happen to someone else.

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What Are The Consequences Of Cervical Cancer Misdiagnosis?

The pre-cancerous cells associated with cervical cancer are usually detected by a smear test – removing these cells is normally a minor operation that can be done during a colposcopy.

But when these abnormal cells go undiagnosed, cervical cancer can develop and become more difficult to treat, requiring more invasive procedures than would have otherwise been necessary.

Our solicitors could help if doctors failed to pick up cervical cancer’s early warning signs, forcing you to have more radical treatment that could have been avoided such as:

  • Hysterectomy
  • Pelvic exenteration
  • Radiotherapy
  • Chemotherapy

These procedures have a range of serious consequences and can result in the loss of your ability to have children. The compensation would take this pain and suffering into account.

In extreme cases, a delayed diagnosis can lead to a reduced life expectancy. We’ve represented the families of many women who passed away from cervical cancer, helping them seek answers and compensation for the death of their loved one.

If you’ve been affected by cervical cancer misdiagnosis, please phone us on 0800 121 6567 for more information about making a claim, or contact us online.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven occasions.
"'One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Raising awareness of cervical cancer.

Our solicitors work closely with charities including the Mercedes Curnow Foundation – set up by a former client – to raise awareness of this terrible disease.

We’ve also been involved in the ‘Smear for Smear’ campaign run by charity Jo’s Trust, encouraging people to share their lipstick selfies and highlight the importance of regular smear tests.

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Our offices are located in major cities throughout the UK and have excellent transport links.

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To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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