Missed Cervical Smear Tests

A smear test is a test which checks the health of your cervix. During the screening, a small sample of cells will be taken from your cervix. The sample will then be checked for certain types of virus that can cause changes to the cells of your cervix. If these types of virus are found, the sample is then checked for any changes in the cells of your cervix so they can be treated before they get a chance to turn into cervical cancer.

Unfortunately changes in the cervix can sometimes be missed and when this happens the effects can be devastating. If something has been missed from your cervical smear test, you may be able to bring a claim for medical negligence.

Early stages of cervical cancer are sometimes difficult to diagnose, but unfortunately there are certain cases where the results of a smear test have been misinterpreted, leading to a misdiagnosis. A missed cervical smear test will fail to report any signs of virus that may be causing changes to your cervix.

Smear test results can be incorrectly processed or misinterpreted which can result in misdiagnosis. Claims can be brought for misdiagnosis, missed detection and general negligence surrounding the cervical smear test.

In order to bring a successful claim for a missed Cervical Smear test, you will need to show an error on the part of whoever completed your screening and the person who interpreted the results. You must then show that you suffered some form of injury as a result of that error. The injury may not necessarily be a delayed diagnosis of cancer, for example it could be fertility issues or early menopause. On the other hand, symptoms may be lifelong and have a devastating effect on your life; the effects of a missed cervical smear test can also be fatal.

Claims can be made against various organisations, including Trusts and GP Surgeries. Trusts are National Health Service organisations that manage individual Hospitals. They carry indemnity to provide financial cover for this type of claim, so we would usually deal with NHS Resolution (an organisation providing claims management service to NHS Trusts), rather than an individual hospital or doctor when bringing a claim for a missed Cervical Smear test.

One of our medical negligence specialists will be able to assist you with who to make the claim against if you are unsure.

In medical negligence, the law allows you three years to bring a claim. This three-year time period begins from the date of the alleged negligence. However, in some cases, the three-year period may start later. It is therefore best to contact one of our lawyers before determining whether you are out of time to bring a claim.

Compensation can vary widely and this depends on the circumstances of each individual case. Compensation could be worth a significant amount if you suffer problems which have a significant impact on your life, however compensation can also be modest if the symptoms you are claiming for do not have a serious impact on you and you recover quickly.

There are various aspects, including lost income, child care and the cost of further treatment needed to put the problem right that are all factored into any compensation amount.

This will depend on the individual circumstances of your case, but in every case we look to fund a claim in the most cost-effective way possible and choose the best method of funding for any client. The most common way of funding a claim is by a Conditional Fee Agreement, better known as a ‘No Win, No Fee’ Agreement, where (as long as you keep to the terms of your funding agreement) you don’t pay anything if your claim is unsuccessful. We could also act for you under an existing policy of insurance that you might have in place. We would discuss this in more detail at the beginning of your case and advise you as to what funding method is best for you.

We will discuss your concerns over the telephone in the first instance; this is on a no obligation basis and at no charge to you. If a claim is brought, we will set up funding for your claim, and investigate it on your behalf. We will ensure that we update you at every step of the way and aim to recover the compensation you deserve in either an out-of-Court settlement or at a Trial, if necessary.

Here at Waldrons Solicitors, we have an experienced team of Lawyers who are dedicated to getting the best possible outcome for you. We aim to investigate any concerns and find out exactly what has happened, with the aid of leading medical experts. We will assist you in recovering the compensation you deserve.

As well as telephone consultations, we offer in-person meetings and home visits to make this experience as stress-free as possible.