Cervical Cancer Misdiagnosis Compensation Claims

By Lewis Morrison. Last Updated 27th October 2023. Cervical cancer misdiagnosis can cause delayed and failed treatments, worsening symptoms, and could even allow the cancer to spread. It can have a negative impact on your quality of life and may even be fatal.

In this guide, we look specifically at cervical cancer misdiagnosis compensation claims.

Many common symptoms of cervical cancer are shared by conditions such as endometriosis and fibroids, which can make it difficult to identify even when the correct level of care is given. However, if you were misdiagnosed as a result of medical negligence, you may be eligible to make a claim.

In this article, we will discuss when you may be eligible to claim, what medical negligence is, and how a No Win No Fee solicitor could help you secure compensation. We’ll also provide a compensation table to help you further understand how much compensation you could receive if your claim succeeds.

Our advisors can help you start your claim today. Contact us by:

Cervical cancer misdiagnosis compensation

A Guide to cervical cancer misdiagnosis claims

Select A Section

  1. The Criteria For Cervical Cancer Misdiagnosis Claims
  2. Are There Time Limits In Cervical Cancer Misdiagnosis Claims?
  3. The Symptoms And Stages Of Cervical Cancer
  4. Treatment And Diagnosis For Cervical Cancer
  5. How Could A Cervical Cancer Misdiagnosis Happen?
  6. Compensation Payouts In Cervical Cancer Misdiagnosis Claims
  7. Discuss Your No Win No Fee Cervical Cancer Misdiagnosis Claim

The Criteria For Cervical Cancer Misdiagnosis Claims

To be eligible to make a medical negligence claim, there are certain criteria your case must meet.

  1. A medical professional had a duty of care towards you.
  2. They breached this duty of care.
  3. You experienced avoidable or unnecessary harm due to the breach.

All medical professionals treating you have a duty of care towards you. They must meet the correct standard of care. If a medical professional causes you avoidable harm through a cervical cancer misdiagnosis because they provided care that falls below the expected standard, you could be eligible to claim compensation.

You must also ensure your claim is filed within the relevant limitation period. Per the Limitation Act 1980, your claim must be started within three years. This period would start on the date of the medical negligence, or the date you became aware of medical negligence. 

To check your eligibility to claim, you can contact an advisor. They will answer any questions you might have about cervical cancer misdiagnosis claims and advise you on what action you could take.

Are There Time Limits In Cervical Cancer Misdiagnosis Claims?

There is a time limit to start a claim for  medical misdiagnosis compensation. As outlined in the Limitation Act 1980, you will need to take action within three years. This runs from the date you were harmed or the date you connected the harm with a medical professional breaching their duty of care. This is known as the date of knowledge.

In some instances, the limitation period is suspended. For example: 

  • If the claimant is under 18 years of age, the three-year time limit is suspended until their 18th birthday. They then have until their 21st birthday to take action.
  • Should the claimant lack the mental capacity to begin their own claim, the time limit is suspended indefinitely unless they regain the required mental capacity. In this case, the three-year time limit will begin from the date of recovery.

In both instances where the time limit is suspended, a litigation friend could make a claim on the person’s behalf. This should be someone who will act in the best interests of the claimant, such as a parent or lawyer, for example.

Continue reading to find out more about the cervical cancer misdiagnosis claims process. Alternatively, pop up to an advisor to potentially be connected with a medical negligence solicitor from our panel.

The Symptoms And Stages Of Cervical Cancer

According to the NHS, the main symptoms of cervical cancer include:

  • Unusual vaginal bleeding
  • Changes in your vaginal discharge
  • Pain during sex
  • Pain in your stomach, lower back, or between your hips

These symptoms are also common in conditions such as endometriosis and fibroids, as well as in endometrial or womb cancer. As such, it’s important to get these symptoms checked by a doctor or GP if you begin to experience them– Cancer Research UK reports that 99.8% of all cervical cancer cases are preventable.

Cervical cancer exists on a grading scale from stage 1 to stage 4. These stages determine how much the cancer has spread, and what kind of treatments you may need to treat it. For example, stage 1 means that your cancer has not spread past the cervix (the neck of the womb).

Not all instances of misdiagnosis or delayed diagnosis of cervical cancer will form the basis of a successful claim. This is because your doctor could misdiagnose you even if they deliver the right level of care. For instance, you might have symptoms that are usually not found in someone with cervical cancer, meaning that your doctor cannot be expected to make the diagnosis based on the information they have.

To find out if you have a valid cervical cancer misdiagnosis claim, contact our team of advisors. They can offer free legal advice and more help surrounding your claim. 

Treatment And Diagnosis For Cervical Cancer

According to the NHS, the main method of diagnosing cervical cancer is called colposcopy. During a colposcopy, a doctor or nurse will examine your cervix and may take a small sample of cells to test. This is called a biopsy. 

You may also be referred for:

  • Blood testing
  • X-Rays
  • MRI scans
  • PET scans
  • An internal examination of your cervix

Treatment for cervical cancer can depend on how big it is and how far it has spread. Oftentimes, treatments can include:

  • Chemotherapy
  • Radiotherapy
  • Surgery
  • Targeted medications

If you show clear and obvious symptoms of cervical cancer, but your doctor does not refer you for further testing, this could be considered negligence. It may result in misdiagnosis and, if this causes your condition to worsen, you may be able to make a claim. Contact our advisors to find out more about medical negligence and hospital negligence claims.

How Could A Cervical Cancer Misdiagnosis Happen?

As we mentioned above, not all cases of cancer misdiagnosis can form a successful claim. To make a claim, you must be able to prove that your misdiagnosis caused you harm and that it came about as a result of medical negligence. 

Some examples of how medical negligence could contribute to cervical cancer misdiagnosis include:

  • Failure to test: If you show obvious symptoms of cervical cancer, your doctor should refer you for further testing. If they fail to do so, you may suffer a misdiagnosis as a result of negligence.
  • Misreading test results: Your test results may show the presence of cancerous cells or tumours. If your doctor fails to identify this, and you suffer a delayed diagnosis or misdiagnosis as a result, this could form the basis of a claim.
  • Ignoring patient concerns: Your doctor should listen to your concerns and symptoms carefully, as many symptoms of cervical cancer are shared with other conditions. If they don’t, and they disregard changing symptoms as a result, this could result in a negligent misdiagnosis. 

For more information on how negligence could cause a cervical cancer misdiagnosis, contact our advisors.

Compensation Payouts In Cervical Cancer Misdiagnosis Claims

Let’s take a look at payouts in cervical cancer misdiagnosis claims.

If your claim succeeds, you will receive general damages. This covers the harm done to you as a result of your negligent misdiagnosis. Compensation is worked out based on the individual circumstances of each case, which makes it difficult to give an average settlement without more information. 

However, the Judicial College Guidelines (JCG) provide legal professionals with a set of guideline compensation brackets for a range of injuries and illnesses. You can find some examples of these in the table below to get an estimate of what you could potentially receive:

Injury TypeCompensation BracketNotes
Female Infertility (a)£114,900 to
£170,280		Infertility by cause of disease, with scarring, depression, anxiety and pain.
Female Infertility (d)£6,610 to
£18,680		Infertility in the case where the injured person would not otherwise have had children.
Bladder Injuries (b)Up to
£140,660
Complete loss of function and control.
Bladder Injuries (c)£63,980 to
£79,930
Serious control impairment, with pain and incontinence.
Kidney Injuries (b)Up to £63,980Significant risk of UTI or other loss of kidney function.
Kidney Injuries (c)£30,770 to
£44,880
Loss of one kidney, with no damage to the remaining.
Moderate Psychiatric Damage (c)£5,860 to £19,070Some problems coping with work, life and education, but with some improvement and a good prognosis.
Less Severe Psychiatric Damage (d)£1,540 to £5,860Consideration given to length of disability and continuing symptoms.
Less Severe PTSD (d)£3,950 to £8,180A full recovery within two years and only minor symptoms persisting.

You might also be eligible for special damages. These cover the financial impacts of your misdiagnosis– for example, if you need to travel to and from appointments, or if your cancer spreads to the point that you can no longer work, then you could claim back travel costs or loss of earnings.

However, you must be able to provide proof of these losses to claim back any expenses. As such, it can be helpful to retain any relevant bills, receipts, or invoices.

Our advisors can provide you with a free estimation of what your misdiagnosis of cancer claim could be worth when you contact us today. Follow the information below to learn more.

Discuss Your No Win No Fee Cervical Cancer Misdiagnosis Claim

Hiring a solicitor can be beneficial when you start your cervical cancer misdiagnosis claim, as they can use their years of experience to help guide you through the legal process. Our panel of solicitors offer their services on a No Win No Fee basis– this means that if your claim is valid, they may offer you a Conditional Fee Agreement (CFA). Under a CFA, you don’t pay any upfront or ongoing fees to your solicitor. If your case succeeds, they will take a percentage from your award as their success fee. If your case is unsuccessful, you will pay nothing to your solicitor.

Talk to our advisors today to learn how our panel of expert solicitors can help you begin your cervical cancer misdiagnosis claim by:

Learn More About Cervical Cancer Misdiagnosis Compensation Claims

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Or, for other helpful resources:

Other Misdiagnosis Claims

Below, you can find some more links and guides on misdiagnosis compensation claims

To learn more about cervical cancer misdiagnosis claims, please don’t hesitate to get in touch.