Our client underwent several smear tests due to symptoms of vaginal bleeding and pain. On each of these occasions, our client was told that the smear tests were negative. Her symptoms worsened and sadly, she was diagnosed with cervical cancer years later. Our client required extensive treatment by way of chemotherapy, radiotherapy, brachytherapy and a hysterectomy.
An investigation was carried out into her previous smear tests, and she was told that whilst one of the smear tests 2 ½ years prior to her diagnosis was in fact abnormal, it was not negligent for the Consultant Cytologist to have missed the same.
We were instructed to investigate the claim and had the original cervical smear slides examined by an independent Consultant Cytologist, who was on the view that the Defendant was negligence for failing to report the cervical smear from 2 ½ years prior to diagnosis as “high grade squamous dyskaryosis”. Had they done so, our client would have been diagnosed with cervical cancer at that stage and further expert evidence from a Consultant Oncologist indicated that had our client been diagnosed at this time, she would have been successfully treatment with a LLETZ procedure within a few weeks and she would have required no further treatment.
Our client was trying for a baby at the time of her diagnosis, and we therefore obtained expert evidence from a fertility expert as to our client’s options for surrogacy, both in the UK and in the USA. We also obtained expert evidence from a Consultant Urogynaecologist and a Consultant Psychiatrist as part of our investigations into our client’s injuries. As a result of the invasive cancer treatments, our client was left unable to have sexual intercourse with her husband and she was rendered menopausal at a very young age, and she continues to suffer with ongoing pain.
The Defendant accepted liability in the legal claim, and they accepted that our client’s invasive cancer treatments were all avoidable. They issued an apology to our client for the failings in her care.
A settlement meeting was held and our client recovered compensation of £280,000, which included the costs of our client being able to pursue surrogacy in the USA.
How can we help you?
If you, or a loved one, have suffered from the serious consequence of delayed or missed diagnosis of a health condition then we may be able to help. Our medical negligence team benefits from in-house medical knowledge from our head of department, Linda Schermer-Jones, who is dual qualified doctor and solicitor. We therefore have the ability to quickly and efficiently assess areas of potential negligence you, or a loved one, may have suffered.
Please do not hesitate to contact one of our specialised team members today for free advice regarding whether you may have a potential medical negligence claim on 01244 354688.