Lawyer Q&A – Discussing the Experience of our Cervical Cancer Negligence Clients

As part of Cervical Cancer Screening Awareness Week, we are highlighting the stories of some of our clients who have suffered cervical cancer negligence through the healthcare system, and therefore experienced a worsening of their health which could have been avoided.

In our last update, which shone a light on the change to screening timeframes from three years to five, we briefly highlighted the client of clinical negligence solicitor, Sophie McGarry – who was forced to undergo a full hysterectomy when her screening was inaccurately reported as normal.

Here, we discuss this case in detail with Sophie, and outline how other clients in her position may also be affected if suffering the same.

Exploring patient’s rights related to cervical screening

Q. In this case, the client attended their screening as normal, but the test was incorrectly reported. What right do patients have to ask that their tests are looked at again, or for there to be a re-test, if they feel something isn’t right? 

A. In this case, my client’s cervical screening cytology was re-examined as part of an audit process after she was diagnosed with cervical cancer. Cytology is not routinely re-reviewed. My client returned to her GP concerned with symptoms. The GP collected further tissue from the cervix and sent them off for testing.

 It is incredibly important to be aware of the symptoms of cervical cancer and to return to your GP if you are suffering symptoms. It is helpful to explain to the GP that you are suffering with symptoms which are indicative of cervical cancer. You can request that the GP carries out a visual examination of your cervix to assess for any changes to the cervix, abnormalities / suspicious appearances within the cervix and request that further cervical screening is undertaken so that the cells can be re-examined.

Symptoms of cervical cancer can include:

• Vaginal bleeding that is unusual for you – including bleeding during or after sexual intercourse, between your periods or after the menopause, or having heavier periods than usual
• Changes to your vaginal discharge
• Pain during sex
• Pain in your lower back, between your hip bones (pelvis), or in your lower tummy

Q. What processes and procedures do medical professionals need to adhere to when interpreting test results? 

A. All medical professionals need to perform their role to the reasonable standard of medical professionals. If a medical professional acts in a way that no reasonable body of medical opinion would have done, or fails to act in a way that all reasonable bodies of medical opinion would do, that medical professional has breached their duty of care owed to the patient.

Medical professionals interpreting results need to interpret them to a reasonable standard. They need to review the sample and results carefully and methodically. Medical professionals should also err on the side of caution – if there is anything even potentially abnormal or potentially suspicious, this should be flagged and further investigations should be undertaken. 

Q. This client had to undergo a full hysterectomy at child-bearing age. How might this have been considered when negotiating her settlement? 

A. If negligent care or treatment causes someone to become infertile and that infertility was avoidable, this will increase the amount of compensation which that person will be entitled to. The value of the award will depend upon the age of the person, whether that person already has children and if that person had intended on having children in the future. In addition to the award for the physical injury, if the negligent care or treatment caused avoidable infertility in a person of child-bearing age who had intended on having children in the future, we would also look to claim costs for necessary fertility treatment.

Q. When test results like this are misinterpreted, it can naturally have an impact on the grade of cancer. How can this affect patients? 

A. It is important for cancer to be diagnosed and treated at the earliest opportunity to give patients the best chance of cure, access to a full catalogue of treatments and overall survival. If detected early enough, cancer is usually localised and treatment can prevent it from spreading. It can also mean that less invasive treatment is required. If there is a delay in diagnosing cancer, by the time it is detected, it will be a higher grade (more severe) than it would have been if diagnosed sooner. Often, the cancer will have spread to the lymph nodes after a delay in diagnosis meaning that the treatment required is more severe and meaning that the risk of recurrence is higher.

Delays in diagnosis also impact the severity of surgery required. In some cases, a delay in diagnosing cancer can be the difference between life and death. For example, if the cancer was diagnosed earlier, it would have been amenable to treatment. But – as a result of the delay in diagnosis, the cancer can no longer be treated, and the patient is given a terminal diagnosis with a significantly reduced life expectancy.

Q. How might a client like this be able to ‘move forward’ after their case is settled? 

A. For any patient who has been through a cancer diagnosis and treatment, it is difficult to overcome, and their cancer journey stays with them for life. It is particularly difficult for our clients who have suffered avoidable harm and have a worsened prognosis due to poor care. Clients often find the process of bringing a claim helpful to give them answers and to help them understand what happened to them and why it happened. The settlement of their claim usually helps to bring closure.

Clients can use their compensation to help them live a better quality of life following their cancer journey. It gives them access to funds for necessary treatments, therapies, aids and equipment, care and assistance, reimbursement for financial losses and financial support etc. It gives them the opportunity to stop focusing on their diagnosis, treatment and claim – and to start thinking about their life after diagnosis and treatment.

For clients who have suffered an avoidable terminal diagnosis with a significantly reduced life expectancy, the compensation allows them to decide where they want to receive their end of life care. It also endeavours to fund all necessary care, medical aids and equipment, relieve the financial burden that cancer patients often experience when they become too poorly to work, and allows the best quality of life which is as comfortable as possible, for the rest of their time.

Compensation also provides terminal clients with the peace of mind that their family will have financial support once they have passed.

Sophie McGarry is a Clinical Negligence Solicitor with over nine years of legal experience in the clinical negligence field. She specialises in complex claims that exceed £100,000.

Find out more about cervical cancer negligence claims here.