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Six-Figure Settlement For Terminally Ill Woman With Cervical Cancer

Our clinical negligence team have helped secure a six-figure settlement for a woman after she was given incorrect results to a smear test.

Fay, who is terminally ill with cervical cancer, had a smear test in April 2009. However, her results were reported incorrectly meaning that she was not referred for a straightforward colposcopy procedure that year.

The 24 year old was told that the test showed no abnormalities but a couple of months later she started suffering bladder problems and abnormal bleeding. An MRI scan in November 2010 confirmed a large tumour on her cervix.

Fay underwent chemotherapy and radiotherapy treatment which was successful at the time. However the effects of the treatment meant that Fay was unable to have a family of her own, something she had always dreamed of.

Unfortunately the cancer returned at the end of 2013 and had spread. Fay’s condition was diagnosed as terminal and she proceeded to have palliative chemotherapy.

At an early stage of the claim, Lewisham Hospital admitted that it had failed to detect abnormal cells in the smear test and incorrectly reported the results of her smear as ‘normal’. They accepted that they negligently recommended as standard recall within 36 months.

This admission allowed us to obtain an interim payment on account of damages to help Fay buy her own home and to assist financially as she could no longer work.

A few months later medical causation was admitted, namely that if the smear test had been reported correctly, Fay would successfully have been treated following the colposcopy procedure within a matter of weeks. There would have been no effects to her fertility or life expectancy.

Clinical negligence solicitor, Victoria Walne, successfully secured Fay a settlement which took into account her physical and psychological distress, loss of earnings and also for the care which she received during her treatment.

In relation to the case, Victoria said: “This is a tragic case; Fay has only just turned 30 but has been left with terminal cervical cancer and is unable to have children.

“We hope that following the hospital’s admission of liability, steps will now be taken to ensure the same appalling mistake can never happen again.”

If you have suffered due to a delayed cervical cancer diagnosis or misdiagnosed cervical cancer, our medical negligence lawyers could help you claim compensation. Call 0808 163 4557 for a free initial consultation or see our Cancer Misdiagnosis Claims page for more details.

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