Louise, a woman in her 30s, attended regular cervical smear tests with the NHS Cervical Screening Programme. This service is available to women and people with a cervix between ages 25 and 64, to check for early warning signs of cervical cancer. The test is repeated every 5 years, to monitor for any abnormal cells so they can be treated early before they develop into cancer.
In 2022, Louise had a smear test as normal. The sample taken was reviewed by the screening service, who informed Louise that the test had found severe pre-cancerous changes which needed further investigation. Doctors examined Louise’s cervix before diagnosing her with stage 1 cervical cancer.
This came as a huge shock to Louise and her family. Until then Louise had been in good health, with a very active lifestyle. She had a successful career and was in a new relationship.
The impact on Louise’s life
As a result of her diagnosis, Louise chose to have a hysterectomy (removal of her womb) to try and get rid of the cancer permanently before it could spread.
For months after her surgery, Louise did not recover as expected. Instead of being able to heal and try to move on with her life, Louise started having abdominal pain and weakness that kept getting worse, until she could no longer look after herself. She lost the ability to walk her dogs or ride her horse, as she loved to do. Louise worked in a competitive industry and because of her new health problems, lost out on earnings and opportunities to progress. She also lost the ability to have children.
Coping with her new challenges and adjusting to hormonal changes following her hysterectomy understandably took a toll on Louise’s mental health, affecting her relationships, work and self-confidence.
During this time, Louise received a letter from the screening service to say that her cancer diagnosis had triggered an internal review (known as a cancer audit). This had found that Louise’s previous smear sample from 2019 had been wrongly reported as normal. In fact, it showed some abnormal cells. This was 4 years before Louise’s cervical cancer diagnosis.
The service assured Louise that the mistake in reporting her smear sample was an unavoidable error, but that they would learn from it.
How did Enable Law help?
Louise came to Enable Law after months of not getting better, wondering if things should have been different. Louise did not feel much hope that she would be able to claim; she thought it would be a fight to get any compensation.
Jackie Linehan, Legal Director at Enable Law and her team took on Louise’s case. Enable Law asked an independent medical expert to review the original sample from Louise’s 2019 smear test. The expert confirmed that the sample did show precancerous changes, and it was negligent to have categorised this as ‘normal’. If this had been correctly reported as abnormal at the time, Louise would have had a minor procedure to remove the concerning cells. This would have avoided her cervical cancer, hysterectomy and ongoing complications.
Enable Law brought together a team of experts to work out exactly how Louise’s cancer and hysterectomy had affected her. Through listening to Louise’s concerns and getting to know her individual circumstances, Jackie’s team built a claim to try and put Louise back in the position she should have been in, as far as money could.
Enable Law handled Louise’s claim with care, expertise and efficiency. We wrote to the screening service in the early stages of investigations, to give them notice that Louise would be claiming. Following this, the NHS service responded admitting that they had been negligent.
Despite the screening service being slow to respond throughout the claim, Enable Law was not deterred. Enable Law kept pursuing the claim and negotiated a good settlement for Louise, without her ever needing to go to Court.
What difference did the claim make?
In the end, Louise needed private abdominal reconstruction surgery to relieve her symptoms. This surgery gave her Louise her life back. It meant she could get back to the activities she enjoys and start horse riding again.
Enable Law recovered the cost of this surgery through the claim. The claim also compensated Louise for her pain, anxiety and lost fertility. Through helping Louise access the treatment she needed and giving financial security for the future, she could start to feel like herself again.
Louise’s experience highlights the importance of attending for regular cervical screening, and the difference it can make when cervical cancer is caught early. Sadly for Louise, this opportunity was missed.
While Louise’s cancer was stage 1 when it was found and could be treated, it very concerning to think that other patients affected by mistakes in cervical screening could have more advanced cancer by the time of their next smear test, especially now that patients are screened every five years (rather than every three, as it was for Louise). Still, it is hopeful that improvements in the cervical screening process and the impact of the HPV vaccine will reduce the chances of this happening in future.
Speaking on her experience, Louise said, “While my own experience was challenging, I would still strongly encourage everyone to attend their cervical screening and not put it off. I understand it can feel daunting and even a little embarrassing, but it’s one of the most effective ways to detect early changes and prevent cervical cancer. The process has improved since my 2019 test, and screening remains a vital step in protecting your health.”
We’re here to help
Enable Law are specialists in cancer cases like Louise’s. We have successfully pursued claims for a number of patients affected by misreported cervical smears. If you think your diagnosis or treatment of cervical cancer has been delayed, we have the experience to advise or assist you. We offer a free initial confidential discussion to discuss cancer compensation claims, and more.
To have a free, confidential discussion with a member of our team call us on 0800 044 8488 or if you prefer you can fill in our contact form and we will call you at a time convenient for you.
