Cervical cancer smear test audits

Our specialist medical negligence solicitors have acted for a number of clients who have experienced delays in the diagnosis and treatment of cervical cancer. Sadly, this has left some of our clients with devastating physical and psychological injuries.

We represent a number of clients who approached us after being diagnosed with cervical cancer and then told their previous cervical screening histology was going to be audited. The audit can be a difficult and sometimes lengthy process, especially for a patient who is undergoing treatment for cervical cancer.

We can help guide our clients through the process and we can offer advice once the results are received.

What is the national invasive cervical cancer audit?

If you are diagnosed with cervical cancer and have undergone cervical screening within the last 10 years you should be asked whether you agree to an audit review of your previous screening histology. This audit should be held within six months. Once the review is completed it will be discussed at a colposcopy multi-disciplinary meeting and your doctor will be given the audit results. Your doctor will then write to you and ask whether you wish to receive the results of the audit. The review and disclosure process should be completed within a maximum period of 12 months from diagnosis. Unfortunately in our experience the process often takes much longer than this.

If the conclusion of the audit is that the review of the previous histology was ‘unsatisfactory’ you should have an opportunity to discuss your concerns with your doctor and ask questions, including whether the cancer could have been prevented from developing or found earlier. Reasons for an ‘unsatisfactory’ classification includes an ‘obviously missed dyskaryotic abnormality’. This is where there was failure to note abnormal changes in the cells.

What difficulties have our clients experienced with the cervical screening audit process?

Unfortunately many of our clients have found that they have had to wait a very long time to receive the results of the audit, sometimes significantly in excess of 12 months from diagnosis. This can cause significant worry and additional stress, especially at a time when our clients are already undergoing treatment for cervical cancer. One client shared that she had to keep chasing the results of the audit. In our experience the results of the audit have not always been communicated in an empathetic manner and insufficient time has been given to our clients for them to discuss the results with their doctors. One client explained that she had to remind the doctor that called her that they needed to discuss the results of the audit.

Can I request a cervical screening audit?

Yes, if you have been diagnosed with cervical cancer you can request an audit of your cervical screening history.

I have not been told about an audit. Does that mean it is not being carried out?

We have had clients who have ‘fallen through the cracks’ and where no audit was carried out following their diagnosis. In these cases where there was then a diagnosis of cervical cancer, we have been concerned and therefore arranged for the previous screening slides to be reviewed by an expert histopathologist. In one of our cervical cancer cases, mistakes were identified despite the absence of an audit.

Do I have to wait for the results of the cervical screening audit if I am concerned there might have been a delay in my diagnosis?

Not at all. If you have been informed that an audit is being carried out please do not feel you have to wait for the results before you contact us. We are more than happy to have a conversation with you. Please feel free to email or call us free on 0800 124 4845. You can speak one of our friendly specialist medical negligence solicitors and we can provide you with free, confidential advice with no obligation.

Can I bring a medical negligence claim if previous cervical screening has been misreported?

Recovery from cancer depends on early diagnosis and timely, effective treatment. If a mistake in screening has led to a delay in diagnosis and by extension, treatment, then this can result in progression of the untreated cancer. This may mean that you have experienced more radical and invasive treatment causing additional disability than you would have done if the histology had been interpreted correctly.

What steps are involved in investigating a case relating to a delay in diagnosis of cervical cancer?

We will obtain your medical records, including the cervical screening slides. The screening slides will be sent to an expert histopathologist, who will comment on whether the previous slides were interpreted correctly or whether there has been a mistake.

If there has been a mistake, an expert gynaecological oncologist will be instructed to comment on the impact of the delay in diagnosis and treatment of cervical cancer. In some cases, the treatment would have been significantly different with an earlier diagnosis. 

Invasive treatment, for example brachytherapy and chemotherapy, might have been avoided.

Invasive treatment has left many of our clients with ongoing difficulties. These include (but are certainly not limited to) impaired bowel and bladder function or incontinence, loss of fertility, increased risk of recurrence and psychological injury.

If we can show that an earlier diagnosis would have meant less invasive treatment, and that the ongoing difficulties are linked to the more invasive treatment (such that they would have been prevented with earlier diagnosis and treatment). Then a claim can be brought for pain, suffering and disability as well as any associated financial losses including (but again not limited to) psychological counselling and loss of earnings.