£130,000 Compensation for Delayed Cervical Cancer Diagnosis

Posted on: 3 mins read
Last updated:
Georgina Emsley

Solicitor, Medical Negligence

Share Article:

A woman underwent routine cervical screenings in 2007 and 2012 which both came back as negative. She later began suffering with vaginal discharge, as well as post-coital and intermenstrual bleeding.

After seeing her GP in February 2014, she was referred to a gynaecologist and was seen at Queen Elizabeth Hospital in Gateshead a month later. She continued to suffer symptoms including heavy vaginal bleeding over the following months and her GP became concerned that the appearance of her cervix was “rather unusual”.

She was subsequently seen in the Queen Elizabeth Hospital fertility clinic. Investigations showed no obvious explanation for her infertility, and she was referred for IVF treatment. A subsequent scan identified a cervical tumour, and she underwent radiotherapy, chemotherapy and brachytherapy, with a positive outcome.

However, she believed that significant mistakes had been made, as signs of her cancerous tumour had been missed on a number of occasions. She decided to approach our Medical Negligence Solicitors for help with claiming compensation from Gateshead Health NHS Foundation Trust (the Defendant) which is responsible for conduct in the Queen Elizabeth Hospital.

TrustpilotStarsWe're ratedExcellent

How We Helped

A member of our Medical Negligence team, and a specialist in late diagnosis and misdiagnosis of cancer, agreed to investigate the case on a No Win, No Fee basis. Sarah arranged independent medical examinations for our client from a cytopathologist and a gynaecologist.

The expert evidence concluded that the smear test specimen taken in 2012 was incorrectly interpreted and reported as negative, when in fact it clearly showed endocervical dyskaryosis. If the test had been correctly reported, this would have prompted an urgent referral for colposcopy. A repeat smear test would have then been recommended for 6 months’ time, which would have led to a biopsy being performed.

At this time, the cancer could have been curable. With diagnosis and provision of appropriate treatment at the right time, our client would have avoided developing late stage cervical cancer and would have avoided the requirement for invasive treatment by way of laparoscopic pelvic and para-aortic lymph node dissection with frozen section, chemotherapy, radiotherapy, and brachytherapy.

She would have also retained her fertility and avoided symptoms of early menopause, which have put a significant strain on her life.

Sarah approached the Defendant who admitted that the smear test taken in 2012 hadn’t been correctly reported. They also accepted that but for the negligence, a biopsy would have been carried out before the end of that year.

Based on similar medical negligence cases, Sarah quantified the claim to include:

  • Compensation for the pain and suffering associated with the Claimant’s diagnosis and treatment for invasive cancer
  • Compensation for the long-term implications, including the Claimant’s loss of fertility
  • Damages for loss of earnings, travel expenses, and care costs

Our client was also assessed by a psychiatrist, who noted that whist the initial period of depression improved, she now suffers as a result of these events from generalised anxiety. This means she often feels tense, restless, fatigued, hyper alert, and worried about the welfare of her loved ones.

The psychiatrist’s report said this was a direct consequence of the negligence she had experienced, as she would have dealt with an earlier cancer diagnosis at the pre-invasive stage “with fortitude”. The cost of psychiatric treatment such as Cognitive Behavioural Therapy or Applied Relaxation, was also included in our valuation of her claim.

The Outcome

The Defendant agreed to pay our client a total of £130,000 in compensation. While she has been left unable to conceive a baby naturally, she has successfully adopted two young children since she received her diagnosis and subsequent compensation.

Why Choose Simpson Millar

If you have been diagnosed with cancer but you believe that you suffered medical negligence and it could have been identified much sooner, our expert solicitors can help you with a free claims assessment. Contact us today to find out if you have a case for compensation and how we can help guide you throughout the process.

Our team have helped secure compensation for thousands of clients worth hundreds of millions of pounds, arising from claims for medical negligence. We help our clients access the care, treatment, rehabilitation, and support they need to re-build their lives.

We know that starting a claim for compensation can be overwhelming, especially against the NHS and we pride ourselves on making the legal process as smooth, and stress-free as possible. Our honest and friendly approach will help you feel at ease and we will remove all the stresses associated with legal proceedings, so that you can focus on your health and rehabilitation.


Cancer Research UK – Cancer News. (2019). A quarter of cancer patients experience avoidable delay to diagnosis. [online] Available at: https://news.cancerresearchuk.org/2019/12/04/a-quarter-of-cancer-patients-experience-avoidable-delay-to-diagnosis/.

www.simpsonmillar.co.uk. (2023). Medical Negligence Solicitors | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/medical-negligence-solicitors/.

Georgina Emsley

Solicitor, Medical Negligence

Areas of Expertise:
Medical Negligence

Georgina is a Solicitor who works in our Medical Negligence team here at Simpson Millar, based in our Manchester office.

She is a committed and highly reliable Solicitor with a track record of supporting clients through the process of making a claim to achieve the best outcome for them. Georgina has experience working on many high-value cases with a range of circumstances and complexities from start to finish, where she reviews medical records, liaises with experts and gathers evidence in order to negotiate the best possible settlement for her clients.

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 6043

This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose