Would you sue nhs for this?

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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.

In order to pursue a negligence claim you must prove-

• A person is owed a duty of care.
• A breach of that duty of care is established.
• As a direct result of that breach, legally recognized harm has been caused.

Proving the breach of care caused the harm is the tricky bit.

I say definitely sue for the sake of getting a thorough investigation carried out. There is going to be no progress if we just all accepted shit service quietly.

We all pay for the NHS through taxes, it isn’t free. Suing is about demanding that attention is drawn to your case and that the service is improved for others.

Definitely take action. Medical negligence must be exposed to try and ensure it isn't repeated. I'm sorry for your experience and I hope you're healing well, in every way.

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

I know. Which is why I said system.

I was let down twice while waiting for a cancer diagnosis. First time NHS were watching and waiting but then discharged me during covid. Second time (private) the first report came back clear, the second didn't but I was never told this (until I asked when I had further symptoms) and it wasn't followed up on.

Eventually diagnosed a year later and obviously needed more invasive treatment but thankfully ok (though left with a life long minor disability).

I complained to PALS and then left it. I also had a meeting with private consultant after I had realised what had happened and he apologised, admitted it should have been followed up on and took responsibility. It was during covid and everything was a shit show.

I wouldn't sue but i would complain!

I thought smear tests like mammograms were to catch cancer EARLY saving the patient
agony and the NHS costly treatments Obviously this has failed and not only in your case
Yes I would sue if I felt I had suffered detriment

If they've admitted a mistake to you already, and confined that this may have made a difference to your treatment and/or prognosis then this is a flag that you could have a case for them to answer.
The standard of care you received sounds like it would have been below the minimum acceptable standard. You would need to probably submit to an independent medical assessment to gather expert witness evidence.
As for those telling you not to take money out of the NHS, I will reiterate that the money you will be getting is not out of the clinical budget.
The decision is entirely yours, but I would seek a free consultation with a lawyer just to find out where you stand.

And the breach of care has to demonstrated to be below the standard of what is reasonable, based on the information and assessment available at the time. Ie they could not have treated you earlier as your result was a false reassurance. Hopefully that batch of smears have subsequently been reexamined or patients recalled. Has there been an investigation? There may be action potentially against the lab which processed the results, not necessarily nhs.

There's not a ring fenced budget for this - where did you get that information from? Money is paid out by NHS Resolution which gets its funding from the DoH like the rest of the NHS. Not ring fenced. Not to say the OP shouldn't make a claim, but at least have the correct information before taking the first steps in making a claim. All the best, OP, do what you feel you need to do.

Again, not actually right if it's an NHS Trust. The NHS effectively self-insures - as there is a centralised NHS insurance scheme for Trusts. Private doctors and independent contractors, then yes, they will have private insurance.

I'm very sorry for what you've gone through.

My initial thoughts are that I'd most definitely complain and want it investigated and an explanation given as to why it's happened and what has/is being done to stop it happening in the future.

I'm not sure I'd actually sue. The NHS is underfunded and I'd want to know where any compensation I might get was coming from before I committed to going down that route. I don't think I could do it, if the compensation meant taking money from an already underfunded NHS. Having said that, I haven't gone through what you have and I may feel differently if I had.

Pursuing a medical negligence case will have no impact on others. Only pursue the claim if you are advised by a solicitor that your case has merit. Please also note the case will likely take several years and may also cause you distress.

I used to work for a leading PI law firm

Is there a group of women getting together to ask for compensation? This usually happens? Is a solicitor in a position to see if others are wanting to pursue this? Yes, the NHS is the sacred cow but if it’s negligent it should be required to compensate. I’d Google and see if others are getting together to complain snd take it further.

I'd be far more interested in finding out what happens to the staff who missed these cancer cells. At very least more training, or at worst they should be fired.

As someone who works on the NHS I would pursue this. Whether you receive any compensation or not, there needs to be a thorough investigation

Yes absolutly you should sue!
My friend did after they butchered her labour and she was awarded around £15K if I remember.

You have nothing to lose but you could gain a lot more.

I'd definitely get some legal advice. I'm currently deciding whether to go down this path myself. Just don't know if I'm physically and mentally strong enough atm after what's happened to me. I did go through PALS first hoping for at least an apology but excuses were made and no one's been held accountable. I'm now permanently physically disabled and will need care for life. Care that I will have to pay for. Best of luck op x

I would pursue legal action but only if you're prepared for the effect that might have on your own mental health. It can be stressful, frustrating, and triggering. You've already gone through a it so whilst I think you'd be doing the right thing for people coming after you, I hope you put yourself first and make sure you will be ok with the process. Sending you all my best wishes

I would be suing, yes. You have suffered a potentially life changing injury (was your miscarriage linked to having cervical insufficiency?) due to medical negligence.

I do agree with other posters however that the process will not be easy.

I’m so sorry about your baby OP. Wishing you all the best.

Whether you have a case or not us likely to come down to this
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
How did they come across to looking into the previous one?
Was the error human or not. Ie. Someone forgot to input the wrong result on the software.
Or was it an error with the test itself. This would be more tricky as I believe not all tests are 100% and some false negative may apply. If that's the case, is this stated in the information shared with patients.

It is likely to be quite complex and time/cost consuming but I so understand your reasoning for considering suing.

I'm so sorry about your baby, OP.

I wouldn't sue, personally, but for the reason that a couple of pp have alluded to - I suspect the process would be very long, drawn out and damaging. It wouldn't, for me, be worth it.

I hope that whatever you choose, you begin to feel better soon.

Money paid out in compensation to victims of negligence comes from the premiums paid by the Trusts to NHS Resolution. Each NHS Trust is required to have cover in place to pay any claims, just in the same way that a car owner is required by law to obtain appropriate insurance cover.

That's really not how NHS finances work. If Op sued and won the money would come specifically from a fund allocated for this.

I'm not saying that the Op should sue, but if she did and won the money would not mean patient care funding was affected.

Possibly, yes. I would base the decision on what my treatment would have been if the cells had been identified at the time of the first smear compared to what treatment I needed to have because it was missed. So If you have had to endure surgery, radiotherapy etc when you would not have needed these things if identified earlier, then yes I would consider speaking to a solicitor.