In 2015, Jessica* had a cervical smear test which was reported as negative for any concerning features, and she would be seen routinely within 3 years. The hospital Trust admitted that this smear test was negligently misreported and that if it had been correctly reported to identify the pre-cancerous cells, Jessica would have been referred within 2 weeks for a colposcopy (a procedure to look at the cervix and biopsies can be taken). This would have revealed a pre-cancerous lesion, and Jessica would have been treated with a procedure to remove the pre-cancerous cells, called a “LLETZ procedure”.
Where cervical cancer is diagnosed, the NHS routinely looks and “audits” past smear results. In Jessica’s care, an Audit was carried out in 2023 confirming that the cervical screening test was wrongly interpreted as negative. On review, it was found to demonstrate “high grade moderate” and the management was described as “unsatisfactory“. The report stated that “cytology should have been reported as requiring further action“. Jessica approached Enable Law for support with a claim.
The impact of the negligence
In 2022, Jessica had a further cervical smear test which demonstrated a virus (HPV – which can cause cervical cancer), high-grade abnormal cells (“severe dyskaryosis”) and likely invasive cancer. Biopsies were taken which subsequently confirmed squamous cell carcinoma, grade 1.
Because of the incorrect reporting in 2015, Jessica’s cancer progressed untreated. She subsequently underwent a LLETZ procedure but required major surgery in 2022 including a hysterectomy. Thankfully, there was no evidence that her cancer had spread and so neither radiotherapy nor chemotherapy were needed.
However, Jessica suffered significantly. She suffered from:
- Early menopausal symptoms including hot sweats, weight gain, impacted sleep, depression and anxiety, headaches, brain fog and severe fatigue.
- A reduced libido and pain during sexual intercourse.
- The loss of her fertility and the opportunity to have further children taken away from her; something that Jessica found deeply upsetting.
- Disruption to her ability to work, both whilst undergoing treatment but also in the future.
- Psychological injury and was recommended to undergo therapy, including psychosexual counselling.
How Enable Law can help you
At Enable Law, we are committed to supporting individuals affected by delayed cancer diagnosis and have successfully pursued many claims for a number of patients affected by misreported cervical smears.
If you think that you might have a claim for a delayed diagnosis of cervical cancer, then contact a member of our cancer team on 0800 044 8488 or fill in our contact form so we can give you a call at a time convenient for you. We can help you understand what may have happened and help you bring a claim if you decide to do so.
*name has been changed
