Skip to content 
Cervical cancer misdiagnosis can lead to delays in getting the right diagnosis and treatment, as well as serious health risks. When medical professionals overlook key symptoms, fail to investigate abnormal cells, or inaccurately record the results of a Pap smear test, patients could face avoidable harm.
This guide explains how misdiagnosis may happen, the claims process and how a solicitor from our panel could support those affected by such cases.
What You Need To Know
- Early detection and treatment are critical – regular cervical screening can detect human papillomavirus (HPV) and help prevent women from developing cervical cancer.
- Misdiagnosis has consequences – patients may require more aggressive treatment if cancer is not prevented or detected early.
- You could be entitled to claim compensation – if a medical professional misdiagnosed your cancer and another professional would not have done so.
- Compensation may be based on your pain, suffering and losses – the amount awarded will be calculated based on your unique circumstances.
- Help and support are available – one of our panel of solicitors could help you to claim on a No Win No Fee basis.
To find out if you are eligible to make a medical negligence claim, contact one of our advisors by:
- Calling 0333 000 0729.
- Messaging us using our live chat.
- Contact us using our online form.
Frequently Asked Questions
- What Is The Process To Diagnose Cervical Cancer?
- What Are The Most Common Symptoms Of Cervical Cancer?
- Can I Make A Compensation Claim For Misdiagnosis?
- Would I Be Able To Claim Against The NHS For Misdiagnosed Cancer?
- How Much Compensation Could I Get For A Cervical Cancer Misdiagnosis?
- What Happens When I Make A Claim For Misdiagnosed Cervical Cancer?
- How Can Legal Helpline Assist My Claim?
- More Information
What Is The Process To Diagnose Cervical Cancer?
Cervical cancer may be diagnosed through medical tests such as a colposcopy or biopsy, which may detect the presence of cancerous cells. These tests may be carried out due to concerning symptoms or if a smear test detects HPV and abnormal cell changes.
- Physical Examination – a GP may carry out a physical examination, including examining your vagina, pelvis or rectum.
- Cervical Screening – Smear Tests – smear tests check for HPV, which can increase the risk of cervical cancer. Further tests may be required if either abnormal cells or high-risk HPV are found.
- Colposcopy – this is the main test for cervical cancer. A colposcopy closely examines the cervix using a microscope. It may be carried out as a follow up to abnormal smear test results or other unexplained symptoms, such as unusual vaginal discharge or bleeding. Tissue samples may also be taken at this time.
- Biopsies – a tissue sample may be removed, such as through a cone biopsy, for further analysis.
Additional tests may include an MRI, CT or PET-CT Scan.
What Are The Most Common Symptoms Of Cervical Cancer?
According to Cancer Research UK, the most common cervical cancer symptoms include:
Pain During Intercourse
Pain during sex is called dyspareunia. It may be caused by a variety of conditions. It is important that you visit your doctor if you experience this.
- Pain or discomfort during sex can be a warning sign of cervical cancer.
- This may be linked to inflammation or changes in cervical tissue.
Irregular Bleeding
Conditions other than cervical cancer could cause persistent, irregular or unexplained bleeding. It is important to visit your doctor if you experience any such symptoms.
- Irregular bleeding is one of the most common symptoms of this type of cancer.
- Unusual vaginal bleeding may occur after sex, between periods or post-menopause.
Lower Back, Stomach Or Hip Pain
Cervical cancer may cause lower back, stomach or hip pain. This may be a sign of advanced cervical cancer where it has spread to an area such as the liver, bones or lymphatic system.
- Pain may present as a sharp, stabbing sensation, dull ache or as pressure.
- Pain and discomfort can be caused by the tumor pressing on tissues such as nerves.
Changes To Vaginal Discharge
Cervical cancer can cause changes to vaginal discharge. These may include:
- Discharge which is watery, bloody or which has an unpleasant smell.
- An increase in volume or changes in texture.
If the diagnosis of your cancer was negligently delayed or you have been harmed by misdiagnosis, you may be eligible to claim compensation. Whether impacted by hospital or GP misdiagnosis, an experienced solicitor from our panel could help you.
Can I Make A Compensation Claim For Misdiagnosis?
If your cervical cancer was misdiagnosed you may be eligible to claim compensation. To have a valid claim for cervical cancer misdiagnosis, you must show that negligence has taken place.
Healthcare professionals, such as those working in GP surgeries, hospitals and walk-in centres, have a duty of care to patients. They should provide patients with safe, competent and timely medical care, adhering to professional standards, such as those set by the General Medical Council.
To make a cervical cancer negligence claim, it must be clearly shown that:
- A medical professional had a duty of care towards you (or a loved one you are claiming on behalf of).
- This duty of care was breached. In this instance, poor care in a hospital or by a GP resulted in misdiagnosis of cancer.
- This then caused you to suffer avoidable harm.
Seeking legal guidance can help you to understand your right to claim compensation.
Claiming For A Deceased Loved One
If a loved one has passed away due to cervical cancer misdiagnosis, their estate or dependents may be able to pursue a claim.
There are specific rules dictating who can make a claim and when.
- The estate’s right to claim (first 6 months): Under the Law Reform (Miscellaneous Provisions) Act 1934, claims may exclusively be made by the deceased’s estate in the first 6 months following death. The estate may claim for the deceased’s pain, suffering and losses before their death.
- Dependents’ right to claim (after 6 months): If the estate does not bring a claim within 6 months, dependents of the deceased may pursue a claim under the Fatal Accidents Act 1976. This act allows family members, such as a spouse, civil partner or child (among others) to seek compensation. Certain relatives may also be able to claim a lump sum bereavement award of £15,120.
Understanding who is eligible to bring a claim for GP or hospital negligence resulting in death and when they can do so is crucial. If you need guidance on whether you could claim compensation, please contact one of our advisors.
Would I Be Able To Claim Against The NHS For Misdiagnosed Cancer?
If your cervical cancer misdiagnosis resulted from errors by NHS healthcare services, you may be able to claim compensation from the relevant NHS Trust.
Cervical cancer negligence claims against the NHS may involve proving errors in diagnosis or treatment led to avoidable harm. Your claim could be made against the relevant NHS Trust responsible for providing your care.
Claims for medical negligence, whether made against a private healthcare service provider or the NHS, follow the same process.
To find out more about how to sue the NHS for misdiagnosis, please contact our team.
How Much Compensation Could I Get For A Cervical Cancer Misdiagnosis?
Harm to the female reproductive system resulting in infertility, sexual dysfunction, severe depression, pain, scarring and anxiety could receive between £140,210 and £207,260. These figures come from the Judicial College Guidelines. We will explore these later in this section.
Compensation for cervical cancer diagnosed wrongly varies depending on the severity of the harm suffered, the impact on your quality of life and any financial losses incurred.
Settlement amounts may be divided into two categories:
- General damages – this part of a settlement compensates for pain, suffering and loss of amenity. It reflects the physical and psychological impact of cervical cancer misdiagnosis.
- Special damages – this reimburses claimants for financial losses resulting from cervical cancer negligence. This may include:
- Lost income,
- Medical costs,
- Travel expenses.
- Domestic care costs.
Your claim must include evidence showing what financial losses were incurred and that they were directly related to the harm suffered. Payslips, financial statements and invoices may all be submitted as a part of a claim.
Estimated Compensation Amounts
Whilst there may be an average payout for cancer misdiagnosis, this figure may not be relevant to your case. This is because compensation values vary based on details of individual cases. However, general damages may be assessed using the Judicial College Guidelines (JCG). This is a document that provides guideline compensation brackets for different injuries and illnesses, including the effects of cervical cancer misdiagnosis.
Below is a table taking figures from the JCG. The first figure is an illustration of what could be awarded both for special and general damages, and isn’t a JCG figure.
| Harm Suffered | Seriousness | Notes | Damages |
|---|---|---|---|
| Multiple, severe types of harm to the reproductive system. | Severe. | Multiple, severe forms of harm as well as special damages. | Up to £1,000,000+ with special damages for medical care as well as loss of earnings. |
| Reproductive system - Female | (a) Disease or injury causing infertility. | Infertility, sexual dysfunction and pain as well as depression and anxiety. | £140,210 to £207,260. |
| Reproductive system - Female | (b) Likely permanent sexual dysfunction. | Likely permanent sexual dysfunction. Claimant did not plan to have children. | £52,490 to £124,620 |
| Reproductive system - Female | (c) Infertility, no aggravating factors. | Neither aggravating factors nor sexual dysfunction in a young person with no children. | £68,440 to £87,070 |
| Reproductive system - Female | (d) Infertility, no dysfunction or medical complications. | Where the person harmed already has children. | £21,920 to £44,840 |
| Reproductive system - Female | (e) Infertility. | Where the person harmed would not otherwise have had children. | £8,060 to £22,800 |
| Bladder | (b) Loss of both control and function. | Complete loss of both bladder control and function. | Up to £171,680 |
| Bladder | (c) Serious impairment of bladder control. | Seriously impaired bladder control, incontinence and some pain. | £78,080 to £97,540 |
| Bladder | (d) Almost complete recovery. | There is still some long-term interference with natural bladder function. | £28,570 to £38,210 |
| Lung disease | (b) Lung cancer | Typically in an older person causing severe pain and impaired function. | £85,460 to £118,790 |
If you have had cancer diagnosed incorrectly or experienced delays in treatment due to medical negligence, you may be eligible to claim compensation. Our team could assess your cervical cancer claim, helping to ensure that you get the compensation you are entitled to.
What Happens When I Make A Claim For Misdiagnosed Cervical Cancer?
To make a cervical cancer claim, you must provide enough evidence to prove that medical negligence took place and ensure that your claim is made within the applicable time limit.
Time Limits To Make A Claim
- Standard time limit – claims must be made within three years of medical negligence occurring or the date on which you became aware of the negligence.
- Claims for children – for those under 18 the time limit starts on their 18th birthday.
- Those with reduced mental capacity – the time limit will be suspended. It may be reinstated if the claimant regains their mental capacity.
- Fatal medical negligence cases – the three year time limit begins on the date of death.
Whilst the time limit is suspended for a child or person with reduced mental capacity, a litigation friend may act on their behalf. Family members or friends may apply to act as a litigation friend.
Key Evidence Needed
The following evidence could help you to build a strong case:
- Medical records – including diagnostic history, test results and treatment notes.
- Expert medical option – you may be asked to attend an independent medical assessment in which an expert will review your case and provide a medical report.
- Correspondence – including letters or emails related to the claimants care or reports from the hospital/ healthcare service provider detailing any interactions.
- Witness statements – a solicitor could help to obtain statements from anyone who witnessed negligent treatment.
Legal advice can help to ensure that you gather the right documentation and evidence and that your claim is filed within the time limit. Contact us to get support today.
How Can Legal Helpline Assist My Claim?
Legal Helpline can provide claimants with expert guidance and comprehensive support in pursinging a cervical cancer claim.
A solicitor from our panel could assist with:
- No Win No Fee claims – thanks to a Conditional Fee Agreement there may be nothing to pay for your solicitors work unless your claim is successful.
- Independent medical assessment – a solicitor could organise for a specialist to evaluate the impact of cervical cancer misdiagnosis.
- Gathering evidence – helping to obtain medical records or taking witness statements.
- Explain legal terms – making the claims process clear and easier to understand.
With decades of combined experience, our panel has successfully helped claimants recover damages.
Contact Us
Contact us today to learn more about cancer negligence claims.
- Call 0333 000 0729.
- Talk to us over our live chat.
- Use the online form to contact us.
More Information
Here you can find additional resources relevant to medical negligence and misdiagnosis claims.
- This guide looks at how those impacted by brain cancer misdiagnosis can get help and support.
- Here you can find information on how to get support if harmed by stomach cancer misdiagnosis.
- Leukaemia misdiagnosis could cause harm, here you can find out when and how to make a claim.
Further reference articles:
- You can find statistics on different types of cancer in this resource from Cancer Research UK.
- Macmillan provides information and support to those with cancer.
- Learn more about cancer in this NHS resource.
If you have experienced cervical cancer misdiagnosis you could be entitled to claim compensation. A solicitor from our panel could provide you with expert support and guidance. They could help you to understand your legal options, securing the support you need. Contact us to begin your claim today.
