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Legal matters

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Would you sue nhs for this?

94 replies

paulaparticles · 26/10/2023 23:31

Had a smear test done and result came back clear. Few years later had some symptoms and gp sent me for a smear that came back with abnormal cells and high risk for cancer with invasion. Ended up with stage 1 cervical cancer which needed treatment.
Was called into my local hospital and was told after the cancer they looked into previous clear smear and found it actually wasn't and had abnormal cells which were missed. I know how lucky I am however I'm very angry and have had lots of treatments and been left with no cervix basically. I've only about 6 more months to do something about it if anything.

OP posts:
Theresit · 26/10/2023 23:40

I suppose the question to ask is would the outcome have been different if it was picked up earlier? If you’re going to sue what monetary losses have you suffered as a result of the mistake.
Also what sort of mistake was it?
Was it something really obvious in which case the person who looked at the original slide needs more training and other cases of theirs need to be reviewed?
Or was it a really subtle change that was picked up with hindsight when going back and reviewing.?
Histopathology isn’t always an exact science. Some cancer changes are really subtle.
My friend’s husband had a cancer which required multiple biopsies and several opinions from different pathologists before they concluded it was malignant.

paulaparticles · 26/10/2023 23:44

Thank you for replying. It does say in the documents I was given that the outcome would have been different for me had they been found the first time.
Im honestly not sure what to do.

OP posts:
paulaparticles · 26/10/2023 23:45

I get what you say about it not being an exact science.

OP posts:
MrsSkylerWhite · 26/10/2023 23:46

No. Understand your anger of course but how would taking even more money out of the NHS help you/anyone else?

paulaparticles · 26/10/2023 23:50

It’s been playing on my mind the past 2 weeks as it’s just came out in my trust that there are thousands of women’s smears needing retested between certain years. My years fall in that group. Mine was only looked at again due to early stage cancer developing but there are thousands of women very worried right now in my trust.

OP posts:
KnickerlessParsons · 26/10/2023 23:51

MrsSkylerWhite · 26/10/2023 23:46

No. Understand your anger of course but how would taking even more money out of the NHS help you/anyone else?

This.
What financial losses have you incurred that you need to be compensated for?
Will the money improve your situation in any way (medically, not eg a nice holiday)?
Wouldn't you prefer the NHS used the money to buy better detection equipment, or to put towards training future histologists?

IdaPrentice · 26/10/2023 23:51

MrsSkylerWhite · 26/10/2023 23:46

No. Understand your anger of course but how would taking even more money out of the NHS help you/anyone else?

Of course getting compensation would help the OP - unless she's already super-rich, it would help her make her life a little more comfortable, after the trauma of cancer treatment.

Sleepwhatsthazzz · 26/10/2023 23:52

Are you in the southern trust? Yes I would, it is horrific what is happening and they still have not made any progress on looking at all those women. The southern trust need to get their act together all round.

I'm waiting on my results from 3 months ago still!

paulaparticles · 26/10/2023 23:53

I had a second trimester miscarriage after being treated which I’ve never recovered from.

OP posts:
MrsSkylerWhite · 26/10/2023 23:57

Of course getting compensation would help the OP - unless she's already super-rich, it would help her make her life a little more comfortable, after the trauma of cancer treatment”

I’ve had cancer treatment too, @IdaPrentice . Money would have made little difference to me. I’d rather it stayed in the system,

jennylamb1 · 26/10/2023 23:58

I would definitely pursue legal action.
They have disclosed what I would interpret as medical negligence which has directly impacted your health. Unless held to account there would be no enquiry or change on systemic failures. I had a smear test for which I got no results for and which when I enquired they admitted has gone missing and I put in an official complaint about the GP surgery via the Care Commission. Failures in regard to people's health are not acceptable.

MinnieL · 26/10/2023 23:59

MrsSkylerWhite · 26/10/2023 23:46

No. Understand your anger of course but how would taking even more money out of the NHS help you/anyone else?

Are you serious right now? Some people on here act like the NHS is untouchable. How dare anyone think of suing when they’ve received poor treatment because of how underfunded the NHS is. Is it the individuals fault that the NHS is underfunded?

OP, definitely speak with a solicitor who specialises in medical negligence. They’ll gather all the information from you and will let you know if they think you have a case or not. I had an anaesthetist puncture my spine when administrating an epidural during labour. The impact has seriously ruined me and my case has been going on for nearly 3 years now.

This shouldn’t have happened. This should have been flagged up as soon as the results came in. Well done for going back to get checked when you started having symptoms. I’m sure it must have been a shock finding out what had happened to you. Good luck and all the best x

paulaparticles · 26/10/2023 23:59

documents also say that when it was looked at again it was very obvious that there were abnormal cells. Makes you think who is reading and missing these abnormal cells ! Playing with our lives.

OP posts:
paulaparticles · 27/10/2023 00:01

Thank you Minniel and good luck to you.

OP posts:
Angelou79 · 27/10/2023 00:14

Op, my heart breaks for you. Sending hugs💚❤️💕
ordinarily I would not encourage suing NHS, however if they haven’t taken your complaint seriously the only way the trust will respond is by court action.
But are you alive because of NHS….
what outcome are you after?
wishing you all the best.

theheadband · 27/10/2023 00:19

I wouldnt.

I read a restarted zombie thread here recently about a woman who had missed mri results (or something like that) and she was sure she had bone cancer.

She came back more recently to say she had to have amputation to the hip and is now adjusting to not having a whole body anymore as it was a really rare agressive cancer.

What happened to you was awful and mental damaging but in the grand scheme, it couldve been alot lot worse.

bananaxapple · 27/10/2023 00:25

theheadband · 27/10/2023 00:19

I wouldnt.

I read a restarted zombie thread here recently about a woman who had missed mri results (or something like that) and she was sure she had bone cancer.

She came back more recently to say she had to have amputation to the hip and is now adjusting to not having a whole body anymore as it was a really rare agressive cancer.

What happened to you was awful and mental damaging but in the grand scheme, it couldve been alot lot worse.

You’re absolutely taking the piss right? OP has been left with literally no cervix and you’re saying “it could have been alot worse”.

Jesus wept, give your head a wobble.

paulaparticles · 27/10/2023 00:25

Yes I'm alive because of them but they also fail so many and if I take them to court I could be potentially saving other women's lives too.

OP posts:
Dinnerdate1 · 27/10/2023 00:29

I would. There's a budget ring fenced for things like this, that can't be spent on improving the "normal" things that's needed in the NHS. Go for it.

StrandedStarfish · 27/10/2023 00:30

Yes most definitely. This could cause further problems for you in the years ahead. You need to get some sort of judgement that future proofs your position if it does. Are you in a union? They have their own specialist firms who can help.

Els1e · 27/10/2023 00:35

No to sueing. Focus on your immediate needs

Livelovebehappy · 27/10/2023 00:38

Absolutely sue their arses. If only to highlight to them how crap the NHS currently is. I’ve had a lot of dealings with the NHS over the last twelve months due to terminally ill mother in law. Bil had a stroke, and daughter having gynaecological problems. The problems we’ve had on each and every occasion have been so bad. As a result I’ve taken out private medical cover. The NHS is broken I’m afraid, and it’s important that people complain strongly every time they’re failed. That’s the only way things will change, if they’re haemorrhaging money due to their incompetence.

LemonTT · 27/10/2023 00:41

MrsSkylerWhite · 26/10/2023 23:57

Of course getting compensation would help the OP - unless she's already super-rich, it would help her make her life a little more comfortable, after the trauma of cancer treatment”

I’ve had cancer treatment too, @IdaPrentice . Money would have made little difference to me. I’d rather it stayed in the system,

The money she will get isn’t in the health system. If she doesn’t get it the treasury take it back.

ohyesohyesoh · 27/10/2023 00:41

I would point out that they would have e&o / malpractice insurance for this type of thing -
It won't come out of any clinical budget