Boyes Turner’s medical negligence solicitors secured a £150,000 settlement for a woman who developed cervical cancer after an abnormal smear test was incorrectly reported as normal. The settlement was obtained without the need for court proceedings. The NHS defendant also admitted liability and made a formal apology to our client. Abnormal cervical smear misinterpreted and reported as normal Our client had a past medical history of HPV infection and cervical intraepithelial neoplasia 1 (CIN 1), a non-cancerous abnormality which required regular follow-up owing to a possibility that it could develop into cancer. In recent years, the abnormality had appeared to resolve and her cervical smear tests were normal. Our client then attended another routine smear test which was reported as normal. In fact, the result was abnormal, with borderline changes in her endocervical cells, and our client should have been advised to undergo a more detailed examination of her cervix by colposcopy. During the next two years, our client became pregnant and gave birth to twins. She then tried to arrange a GP surgery appointment for a further cervical smear test, which was cancelled several times over the following months by the surgery due to staffing issues. Abnormal cervical smear test leads to invasive cancer diagnosis Our client finally managed to secure a cervical smear test appointment, which took place just over three years after the previous (misreported) result. The new smear test revealed that she had high risk HPV and severe dyskaryosis (abnormal change in the cells of the cervix). She was referred for a colposcopy at which a LLETZ procedure was also performed. LLETZ or large loop excision of the transformation zone is a treatment which uses a thin wire loop with an electrical current to remove abnormal cells. The 16mm lesion was completely removed and diagnosed as Stage IB1 HPV-type adenocarcinoma, an invasive cancer that was still limited to the cervix. Given the size and staging of the tumour, our client required a radical hysterectomy with bilateral salpingo-oophorectomy (removal of both fallopian tubes and ovaries). She refused a lymphadenectomy (removal of her lymph nodes) owing to her fear of developing lymphoedema (swelling of the body tissues associated with lymphatic system disorders). Post-operative histology (examination of the removed tissue) confirmed that there was no residual tumour within the cervix. As a result of the misinterpreted smear test, delayed diagnosis and resulting development of cervical cancer, our client suffered a radical hysterectomy with abdominal scarring and loss of fertility, premature menopause, sexual dysfunction and a PTSD psychological injury. She has a very small risk (less than 1%) of recurrence of cervical cancer which, as a mother of young children, causes her significant anxiety. Cervical cancer negligence claim leads to £150,000 settlement and apology We helped our client make a cervical cancer negligence claim against the NHS trust which was responsible for the misreported cervical smear test result. The claim was made on the basis that our client’s cervical smear test was negligently misinterpreted and reported as negative despite the presence of abnormal endocervical cells. There was a negligent failure to refer our client for a colposcopy. With correct, timely colposcopy treatment, our client would have been diagnosed with cervical glandular intraepithelial neoplasia (CGIN), a pre-cancerous abnormality of the glandular tissue in the cervix. She would have undergone a LLETZ procedure, which would have cured her condition, and she would have avoided the cancer and the effects of its more radical treatment. She would still have been able to have children. The defendant NHS trust admitted liability and made a formal apology to our client. Our client’s limitation deadline was extended by agreement to allow settlement discussions to take place. Following negotiations, a compensation settlement of £150,000 was agreed, without the need for court proceedings. If you or a family member have suffered severe injury as a result of medical negligence or have been contacted by HSSIB/MNSI or NHS Resolution you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.
