Smear test misdiagnosis at Leicester hospital trust causes life-changing treatment delay
Claire Horton settled a medical negligence claim against University Hospitals Leicester NHS Trust after a misreported smear test resulted in a significant and devastating delay to her client's cancer diagnosis.
Amy* had always kept up to date with cervical smear tests and after being told everything was normal with her October 2018 results, she expected to return three years later as usual. Instead, after many months of excessive bleeding and unexplained pain, the mother-of-two was diagnosed with Stage 2 cervical cancer in September 2021.
The delay in diagnosis has had a devastating effect on Amy, whose second child was just seven months old when the cancer was identified. She required chemoradiotherapy and brachytherapy and has suffered subsequent side effects of treatment including premature menopause, loss of fertility and a psychiatric injury.
Amy instructed Claire in a medical negligence claim against the Trust after Macmillan nurses carried out an audit of her smear test history. Claire gathered expert witness evidence, and the Trust made a full admission of liability and breach of duty in the negligent failure to correctly report the results in October 2018.
If the smear test had been correctly reported, then Amy would have been referred for a colposcopy. A loop excision would have then been carried out, avoiding the later development of Stage 2B cervical cancer and subsequent chemoradiotherapy and brachytherapy.
The delay in diagnosis allowed the cancer to progress and Amy had to undergo harsh treatment, which could have been avoided. During 25 days of radiotherapy, five days of chemotherapy and two days as an inpatient for Brachytherapy, she experienced nausea, vomiting, diarrhoea, extreme tiredness, heavy blood loss, anxiety, dehydration among the many debilitating side effects.
She currently suffers overwhelming tiredness and brain fog, body aches and insomnia due to the premature menopause and requires help with day-to-day tasks such as tidying, cleaning, shopping, ironing, although to some extent she has always needed such help due to an underlying, unrelated condition. She still experiences unexplained vaginal bleeding, which she finds extremely distressing, and is triggered by anything that reminds her of being in hospital. She has anxiety and is terrified that her cancer will return.
Following the Trust's admission of liability, Claire built a strong case and a settlement was reached. The Trust made an early offer of £125,000 in damages, which Amy accepted, eager to bring closure to the claim and move on from the distress of her delayed diagnosis.
*name changed
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For further information about delayed diagnosis claims and medical negligence claims, please call Claire Horton on 0330 460 6748 or email Claire.Horton@fieldfisher.com.
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