Cervical cancer can have a devastating impact.
What is Cervical Cancer
Cervical cancer is a type of cancer that starts in the cells of the cervix – the lower part of the womb that connects to the vagina. It’s most commonly caused by persistent infection with high-risk types of Human Papillomavirus (HPV). The HPV infection can transform healthy cells into cancerous cells by changing the DNA of the cell. It is important to note, however, that an HPV infection can be eradicated by the body’s immune system, but there are occasions when the body is not able to eradicate the infection, and the persistent nature of the HPV infection is what causes the changes to cells.
Whilst it can affect women of any age, it’s most often diagnosed in those aged 30 – 45. Early-stage cervical cancer often has no symptoms, which is why regular cervical screening (smear tests) is vital.
Vaccination and screening programmes for cervical cancer
Given the knowledge between the link between the HPV infection and cervical cancer, the cervical cancer vaccination programme was introduced in 2008. The vaccination programme was initially offered to girls aged 12 to 13 years old as part of the routine school-based vaccinations. The purpose of the vaccination was to provide the immune system with the ability to eradicate high-risk HPV quickly, with a view to helping prevent cervical cancer in the future. The vaccine is also recommended for people at high risk of an HPV infection, and you can read more about this here.
The other method to prevent cervical cancer is the cervical screening programme. Currently, the screening programme is available to women and people with a cervix aged 25 to 64 in England. Wales and Scotland have different (but similar) programmes. The test looks for high-risk HPV on a sample of cells taken from the cervix, and if it is negative, the person will be recalled again in 5 years. This has recently changed from a 3 year period for people between the ages of 25 to 4 as typically cervical cancer is a slow growing cancer. People between the ages of 50 to 64 are already on a 5-yearly screening recall interval.
If the test is positive for high-risk HPV, the person will be asked to attend again in a years’ time to monitor whether the body has eradicated the infection. This will be repeated for a period of three years, and if the high-risk HPV infection is still present after a three-year period, or during that time there has been the discovery of abnormal cells which raises concern, a colposcopy will take place - which is a procedure which takes a closer look at the cervix. If there are further concerns, then further treatment will be required, and if cancerous cells are identified these will be treated at the earliest opportunity.
The vaccination and screening programmes save thousands of lives each year by helping prevent cervical cancer. Therefore, please get in touch with your GP surgery if your cervical screening is outstanding.
Symptoms of cervical cancer
In light of the recent changes to 3 to 5 yearly screening, it is important now to be aware of any changes in your body which could require further medical investigation. Whilst the change from 3 to 5 yearly tests has been made based upon the medical research available, it is always best to be aware of changes in your body and to seek medical advice if you have concerns between your tests, regardless of whether the testing was required on a 3 or 5 yearly basis. Your GP is the best placed to know whether your symptoms require further investigation.
The most common symptoms of cervical cancer include:
- Vaginal bleeding that's unusual for you, including bleeding after sex, spotting between periods, heavier periods than normal, and bleeding after menopause.
- Pelvic pain during sex or other times.
- Pain in the lower back or legs.
- Pain when urinating or blood in urine.
What happens when the screening goes wrong?
Occasionally, we have seen cases where screening has failed. MDS advocates that the screening programme is effective and safe and does save thousands of lives each year. However, we have seen cases where cervical cancer was not identified at the earliest opportunity due to medical negligence which has had devastating consequences. We recently reported on the case of Louise Gleadell, where there was unfortunately an incorrect interpretation of her cervical sample slides which unfortunately led to a late diagnosis of cervical cancer with fatal results.
If you have been in a situation where your cervical screening results were marked as normal, but were then diagnosed with cervical cancer, it is likely that you will become part of the national invasive cervical cancer audit. This can sometimes be identified through the colposcopy clinic after having 3 tests identifying high risk HPV, but no abnormal cells. Sometimes, on review of the sample taken from the colposcopy clinic it identifies that there are abnormal cells, and this can then trigger an audit into your previous results. These are kept and the sample taken is on a slide, which is able to be looked at under a microscope to see whether there are any changes to the cells of the cervix. This can then provide a range of results, including:
- “Satisfactory” – meaning that the new reviewer agrees with the original reviewer’s interpretation of the slide.
- “Satisfactory with review points” – which means that there were cell changes present on the slide which are considered difficult to identify.
- “Unsatisfactory” – the slide contains a missed obvious abnormality to the cells present on the slide.
How does this relate to medical negligence?
An error in interpreting a cervical slide is typically treated as a ‘pure diagnosis’ case in medical negligence. This is where the error happened not because something was done incorrectly during the treatment itself, but because a medical professional misinterpreted the results. In these cases, we do not need to consider whether there is a wide range of opinion on how the slide was interpreted, as it is either a case that the cells could be seen or not seen at the time of interpretation of the slide and whether a reasonable reviewer would report the changes.
This is different to the situation of where there has been a delay in diagnosis of cervical cancer – where there is a missed opportunity to detect the disease earlier, leading to a worse outcome for the patient. In these circumstances we would need to consider what options were available to the medical professional at the time of the presenting symptoms and whether they were related to cervical cancer. There could be a wide range of options available to the medical professional as to the investigation and treatment of the symptoms complained of and we would need to ascertain whether the care was below an acceptable standard and whether any delay caused the cancer to progress or worsen the outcome.
Both scenarios are worth investigating if you believe you have suffered harm as a result of a delayed diagnosis of cervical cancer. If it can be proved that earlier diagnosis would have led to an alternative outcome or the cancer should have been treated at an earlier date, then you may have a claim for medical negligence.
When should I seek legal advice?
In short, you should consider seeking legal advice if:
- There was a delay in diagnosis
- You had abnormal symptoms (like bleeding between periods or after sex), but they were dismissed or not properly investigated.
- You had normal smear test result, but were later found to have cancer and you suspect the slide may have been interpreted.
- There were delays in referring you for a colposcopy or biopsy even after an abnormal result.
- You feel something was missed or was avoidable
- You were reassured repeatedly without proper follow-up
- You later found out that earlier treatment could have avoided more serious procedures (i.e. a hysterectomy or chemotherapy).
- Your condition progressed unnecessarily
- You were told the cancer is more advanced than it might have been if caught earlier.
- Your fertility, health or life expectancy has been affected as a result.
- You’ve lost trust and want answers
- You want clarity, accountability, or to stop the same thing happening to someone else.
The process
Key steps in making a claim:
- Initial Consultation: Contact MDS for a free, no-obligation conversation about your experience.
- Evidence Gathering: We will obtain your medical records and all supporting documentation and advise you as to whether to instruct an expert to provide an opinion. We will also ask for the cervical sample slides are preserved as they may need to be interpreted by an independent expert.
- Claim Assessment: Our experienced solicitors will analyse the expert and medical evidence and advise you regarding the prospects of your cervical cancer claim succeeding.
- Submitting Allegations of Negligence: If we obtain supportive expert evidence, we will submit your claim to the relevant healthcare provider or NHS trust. If the expert evidence is not supportive, we will advise you regarding the way forward.
- Negotiation or Court Proceedings: We will advise you regarding your options once we have received the response to the allegations. If it is necessary, we will advise you about starting court proceedings, but this is not necessary in every case. If the other side makes any offers to settle your claim, we will advise you regarding your options.
Time limits apply to medical negligence claims. The deadline for bringing a claim is usually 3 years from the date of the negligence or 3 years from the date that you found out about it. Prompt action is crucial.
Conclusion
If you or a loved one has been affected by a delayed or missed diagnosis of cervical cancer, contact us today.
Understanding your legal rights is the first step towards access to justice, answers and rebuilding your life. A successful cervical cancer claim can not only provide financial relief but also bring a sense of closure and accountability.
At MDS, we are here to listen, guide, and advocate for you every step of the way. Our experienced, supportive legal team will dedicate our skills and experience to supporting you through the legal process and fighting your corner.
Contact us today for a no-obligation discussion and take the first step towards obtaining cervical cancer compensation.
Lauren Kerse, Associate Director and Specialist Medical Negligence Solicitor from MDS, said “The cervical cancer screening programme is known to save thousands of lives. MDS advocate taking part in the programme, as one day it may save your life. Although the programme is designed to identify changes at the earliest opportunity, there can be occasions when cervical cell changes are missed. In those cases, treatment may not have been needed if the changes were identified sooner. The changes in the screening process from 3-year to 5-year intervals also makes it important that you are aware of the symptoms of cervical cancer, and if you have any concerns, to seek medical advice as to whether further investigation is required.”
