Can I claim surrogacy costs after negligent cervical cancer?

Can I claim surrogacy costs after negligent cervical cancer?

Delays in diagnosis and treatment of cervical cancer can be fatal or can result in the need for radical treatment with ongoing side-effects such as pain, premature menopause, impaired bowel and urinary function, painful sexual intercourse, fear of recurrence and psychological damage.

What side-effects from late-treated cervical cancer can be compensated?

We can usually help clients recover compensation for these aspects of their injury but we know from our clients that one of the consequences of late-treated cervical cancer that they find most difficult to come to terms with is loss of their fertility, particularly in younger women who were hoping to have their first or further children in the future. Whilst fertility treatment options are available, such as IVF treatment, some women are not suitable for such treatment and, if they are to have a child of their own, need to have a surrogate.

Until recently, whilst it was possible to recover compensation for many aspects of a late-treated cervical cancer injury, it was not possible under English law to claim for the costs of surrogacy which was needed owing to infertility caused by the delay in treatment for cervical cancer. This left many seriously injured women without an effective remedy for one of the  most distressing consequences of their injury.

How has the law changed to compensate for surrogacy costs?

In 2018 there was a development in the law which opened the way for surrogacy costs to be successfully claimed where a woman has been left infertile as a result of a delay in diagnosing cervical cancer.

The medical negligence case of XX v Whittington Hospital NHS Trust concerned a young woman of 29 whose diagnosis of cervical cancer was negligently delayed by four years. As a result of the delay, she needed more radical treatment than she would have had if her condition had been properly managed. She underwent chemo-radiotherapy which caused irreparable damage to her uterus and ovaries. The woman and her partner wished to have their own biological children using a surrogate. To do this they wanted to go to the USA for surrogacy treatment and, therefore, wished to claim the costs of this.

When the case first came to court, the injured woman was awarded the costs of UK-based surrogacy for two pregnancies but was refused the additional costs associated with surrogacy in the USA. She successfully appealed the court’s decision and was awarded the costs of undergoing surrogacy in the USA.

Boyes Turner’s medical negligence specialists have helped many severely injured women and bereaved families recover compensation following misdiagnosed, delayed or incorrectly treated cervical cancer. We understand the emotional, psychological and physical damage that these injuries cause to the women and their families and welcome this recent development in the law which we hope will open the way for more women in this situation to begin to rebuild their lives by being able to have a child.

If you have suffered serious injury or family bereavement as a result of negligent diagnosis or treatment of cervical cancer and would like to find out more about making a claim, contact us by email at mednegclaims@boyesturner.com.

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

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