Clinical negligence can have a profound and lasting impact on a person’s life. In particular, a delayed cancer diagnosis can lead to avoidable treatment, worsening symptoms, loss of fertility, and significant psychological trauma.
As experienced clinical negligence solicitors, we assist clients pursuing delayed cervical cancer diagnosis compensation and other NHS negligence claims where failures in medical care have caused life-changing consequences. It’s our responsibility, where possible, to offer a light at the end of the tunnel through professional, empathetic legal assistance – helping you find a path forward.
In this case, our team and Head of Personal Injury Mark Thomason, who is accredited by The Law Society for Clinical Negligence, guided our client through a claims process after a delayed cervical cancer diagnosis, which had life-changing ramifications. With their expertise and determination, we not only helped our client achieve £140,000 compensation for injury, but an additional £249,000 for potential surrogacy.
Here, we take you through the claims process, including how we worked with the defence to protect the interests of our client.
What is a delayed cervical cancer diagnosis compensation claim?
A delayed cervical cancer diagnosis compensation claim arises when opportunities to diagnose or treat cervical cancer are missed, leading to avoidable harm. In some cases, healthcare professionals may fail to investigate symptoms, correctly interpret screening results, or refer patients for further treatment within an appropriate timeframe.
Not every delayed diagnosis amounts to clinical negligence. However, where a patient suffers additional injury, more invasive treatment, loss of fertility, or a poorer prognosis that could have been avoided, they may be entitled to pursue clinical negligence compensation against the responsible healthcare provider.
This case demonstrates how a failure to diagnose cervical abnormalities at an earlier stage resulted in significant consequences for our client and ultimately led to a successful NHS negligence claim.
What happened in this clinical negligence case?
Our client made an enquiry with our first response team over an alleged failure to diagnose and/or act upon cervical abnormalities and later symptoms of early-stage cervical cancer. This resulted in delayed diagnosis, more extensive treatment, and a materially worse outcome for our client.
The delay led to:
- Invasive surgery including an abdominal hysterectomy
- Significant physical and psychological injury
- Loss of fertility
- Financial loss
- Substantial impact on family life and overall quality of life
We were the first point of call for our client following her diagnosis. However, she suspected that the negligence dated back as far as 2014. Understandably, going through a complaints procedure wasn’t front of mind during what was a distressing period for her, so asking Optimal for assistance made most sense.
It was then our solicitors’ job to assess the information and determine whether to take on the case. This process is especially important with claims of this nature, which can be long, complex, and distressing for our clients. We have to be confident that there is merit behind the allegations, and in this instance, there was.
What is clinical negligence and when can you make an NHS negligence claim?Many people contact us asking whether they can bring an NHS negligence claim after receiving a delayed diagnosis, incorrect treatment, or poor medical care. To succeed, it is not enough to show that mistakes were made. It must also be proven that those failures directly caused avoidable injury or a worse outcome. This is why every potential clinical negligence compensation claim requires careful investigation by specialist solicitors and independent medical experts. As clinical negligence solicitors, we understand that we must hold the NHS accountable on behalf of our clients. But we must also act as gatekeepers for them, preventing claims that don’t have enough merit to materialise but would still cost the NHS considerably. Unfortunately, people have bad experiences with their medical treatment, but that doesn’t necessarily mean they have a valid claim – there must be a causative injury. It’s our job to gather as much information as possible at the time of enquiry to determine whether it’s worth progressing a claim. Learn more about the importance of clinical negligence claims in Mark’s extensive Q&A article. |
Building a strong case for clinical negligence
We worked hard to establish all the facts, communicating with our client to understand exactly when and where she received treatment. We then gathered all medical records from different treatment centres and medical facilities, determining whether these matched with the evidence.
But while we’re experienced in evidence gathering, we’re not medical practitioners. So, it was vital for us to engage our expert contacts in the field. In this case, we needed a senior pathologist to review complex cells related to cervical screenings (or smear tests). This enabled us to confidently determine that the records matched our evidence, and that a fault had occurred. Then, to ensure a valid claim, we succeeded in proving that an earlier diagnosis would have prevented the consequential treatment and outcomes that impacted our client.
We were now in a position to serve an allegation of clinical negligence to the defence. Due to the strength and clarity of the case we had built, the defence was on our side and admitted fault. However, this case wasn’t just about gaining compensation for negligence. To help our client return as close as possible to her life prior to diagnosis, we also pushed for future surrogacy support.
Negotiating surrogacy compensation
At the time of diagnosis, our client and her partner delayed their plans to have children. Unfortunately, the subsequent hysterectomy took the decision to conceive naturally away from them, which may not have been the case with an earlier diagnosis. However, while the defence is there to work with us to help find a just outcome for the claimant, they’re also there to protect any unreasonable financial outlay for the NHS. Therefore, they felt that including surrogacy within the total compensation was unreasonable.
Confident in our case, we engaged our expert consultants to negotiate with the defence to find agreeable grounds to inform our request. Ultimately, both sides had to assess risk and recognise what was reasonable given the circumstances. This resulted in an ongoing court process that we supported our client with all the way through to its outcome.
Going above and beyond for our client
Throughout this claim, we were closely involved with a barrister who has experience in this area. Together with Mark’s deep expertise, this enabled us to anticipate what was needed to reassure our client and make the process as smooth as possible. Multiple roundtable discussions and telephone conferences were held to not only ensure we were positioned to get the best outcome, but able to show up with level-headed clarity for our client – keeping her calm and informed at every single step of the process.
Cancer is an emotional and difficult illness for anyone to go through, but with the added ‘what if’ factor around negligence, it requires strength and patience to endure a claim for compensation. Unfortunately, clinical negligence clients often have to repeat their accounts to multiple experts throughout the process. This is why it was vital for us to provide accurate timeframes, ensuring our client not only understood what steps we were taking, but why they were essential for the case.
Our client’s first language is Polish, and while she had a good command of English, we ensured one of our Polish-speaking paralegals was there to translate and interpret where necessary. This was especially useful when technical legal or medical terminology was discussed. It’s all part of ensuring a smooth customer journey, simplifying the complex details for our clients.
Achieving the optimal outcome
We determined, with the help of our experts, that US surrogacy was the area that was most likely to be accepted. And after ongoing negotiations, the defence agreed to an outcome where compensation for surrogacy would be ringfenced.
Working hard with the defence, we made sure that the outcome represented everyone’s best interest. They were highly engaged with us throughout, they didn’t needlessly challenge arguments, and they were willing to cooperate to progress the claim – which helped us move through the process well.
As a result, the claim settled with the following compensation awarded:
- £140,000 compensation for injury
- £249,000 compensation held in reserve for surrogacy, only accessible if/when the client chose to pursue it
Our client was happy with this outcome – a result which addressed the immediate impact she was experiencing, with a pot reserved representing the full amount for US surrogacy if she wished to explore this route. In addition, she received an NHS letter confirming this, and that the NHS will be there to assist her through that process. This not only gives her the financial capability to explore surrogacy, but a safety net that the NHS will support the decisions she makes.
What should you do if you believe clinical negligence has taken place?
If you suspect a test or investigation wasn’t accurate, and you’re facing a diagnosis with serious ramifications, Mark has some advice:
“Document everything. This includes when and where it happened, and which trust was responsible for the test and treatment. For your own peace of mind, take it to a specialist legal firm, like Optimal Solicitors, to explore if you can be assisted.
“Be prepared that cases of this nature may require you to recall what happened to you on multiple occasions. If you do choose to pursue a claim, allow your legal counsel to engage their expertise, and trust the process. They’ll help determine whether things could have been done differently.”
Can I claim compensation for a delayed cancer diagnosis?
One of the most common questions we receive is whether compensation can be claimed following a delayed cancer diagnosis. The answer depends on whether earlier diagnosis or treatment would have prevented further injury or improved the outcome.
Where medical records and expert evidence show that opportunities to diagnose cancer were missed, resulting in additional treatment, avoidable pain and suffering, loss of fertility, financial losses, or psychological injury, compensation may be available through a clinical negligence claim.
Our specialist team regularly investigates delayed diagnosis compensation claims and can advise whether there are grounds to pursue a case against the NHS or another healthcare provider.
Choose Optimal for clinical negligence claims
When medical treatment falls short, the consequences can be immediate, life-changing, and deeply personal. People often come to us not just with questions about compensation, but with a need for clarity, reassurance, and a solicitor who will take the time to understand what has happened.
Our experienced clinical negligence solicitors are ready to assist you through this difficult time and help you navigate a way to move forward with your life. If you have a question about how we can help, or you’re seeking assistance in this area, please don’t hesitate to call us on 0161 250 7771 or fill in our online contact form.
Frequently Asked Questions About Delayed Cancer Diagnosis Claims
Can I claim compensation for a delayed cervical cancer diagnosis?
If medical professionals failed to diagnose cervical cancer within a reasonable timeframe and this resulted in avoidable harm, more invasive treatment, loss of fertility, or a worse prognosis, you may be entitled to make a clinical negligence claim.
How much compensation can I receive for a delayed cancer diagnosis?
Compensation depends on the severity of the injury, additional treatment required, financial losses, and the impact on your daily life. Every claim is assessed individually.
Can I make an NHS negligence claim against a hospital or GP?
Yes. If negligent treatment was provided by an NHS Trust, GP surgery, or other healthcare provider, compensation may be available where avoidable harm has been caused.
How long do I have to bring a clinical negligence claim?
In most circumstances, you have three years from the date you became aware that negligent treatment may have caused your injury. However, exceptions can apply.
