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.

Thank you for all replies. Someone asked why the previous slide was looked at. It was only looked at as I went to gp with irregular bleeding. I wasn’t aware of it being relooked at for some time until I was called into the hospital to be told why it was looked at and that the abnormal cells were obvious to the person who re looked at them. Hope this makes sense. The hospital also told me that the reason they wanted me in was to talk about my smear history and made it sound like everyone gets called in so I wasn’t worried at all.

Really sorry for what you’re going through but I can’t lie I hate the recent if there’s blame there’s a claim mentality.

I would absolutely ask for this to be looked at as an adverse event because there is clearly learning, however there are many countries that don’t provide the medical services we receive (which I understand we do pay for via tax). However, people who claim boards have “ring fenced money” for claims simply isn’t the case, and private care is provided by people with the same qualifications (and also normally also) as NHS staff. When the situation is complex 99% of the time they need to use resources when sever will be NHS based, be that medication or equipment required. Therefore, you will most likely get the initial appointment quicker but dependent of the level of care required following will be down to the treatment required for said diagnosis.

No, I wouldn't sue the NHS. Am very concerned about it being dismantled and wouldn't help take it down.

Not sure how you would be saving people by taking money from an already under funded struggling source,
Yes they messed up but financially you lost nothing.
If we didn't get these FREE routine tests then you would be non the wiser and it would be untreatable by the time you found out.

I'm so sorry OP that's awful ❤️ If you feel able to, yes I think you should. It's medical negligence and you should be compensated. You're not taking from the system (that's not how nhs budgets work) and you're not being greedy. What happened to you shouldn't have happened and compensation is an acknowledgement of that - nothing more.

100% this. The system will only change if people stand up for themselves.

10000% with sympathy for OP, however I’m not sure of your thinking behind how someone is compensated certainly in Scotland each board has its budget from the government and any claim would come from said boards budget, there’s nothing separate for a composition claim.

I do agree this should be raised as an adverse event for learning (which will cost but is worth it), however struggle to see how the patient has been financially disadvantaged, emotionally yes and does that need to be addressed YES! (hence funds spent on learning and explanation as to be what will be done going forward) but financially no the patient is not worse off.

I think I would OP. But prepare for a very long process, even where they accept a degree of fault.

@ItJustFellOutLikeWordVomit There will be budgeting in place and insurance structures for compensation. Paying OP compensation isn't going to prevent a Trust from paying a nurses salary for e.g. The bigger issues around funding shouldn't mean individuals affected shouldn't receive compensation. We live in a society where injustice (which inc. Negligence) is legally rectified with financial compensation. A lot of arguments project the moral responsibility for funding the NHS onto person who has been harmed. That's not fair and it's notnhow the systems in place to mitigate that harm work.

It doesn't matter if the affected individual doesn't suffer an immediate financial loss. Compensation for emotional harm is valid. We can't always cost and itemise every real financial harm. There is always a sliding door moment when these things happen. A life that is and a life that would have been. That's why it's so important for all harm to be looked at.

It might seem cold. It might not fit the way we want the world to work, but that is the way we rectify these things. You can chose to not if it feels wrong to you. That's a personal choice.

From experience going through the resolution process after dc birth (which resulted in dc needing lifelong care), I promise you the NHS will not chuck money at you when the make mistakes. If you meet the bar for medical negligence then yes they absolutely have to.

It's a personal choice but it's one that comes down to - Was there avoidable harm (meeting the legal definitions of this)? Do I want to be compensated for this?

The NHS should be held accountable.

Wishing you well.

I absolutely would be.

I understand what people are saying about the NHS already being strapped for cash, but that really is not the fault nor the responsibility of the everyday citizens who rely upon and, for the most part, pay into the service. We have a government who are very much in profit right now choosing not the fund the NHS and it’s us who are footing the bill with our health.

I’m so sorry you went through this, OP. This happens far too often for everyone to just let it slide because it’s the NHS. I would be seeking legal advice.

"Emotional harm" isn't a valid head of loss in clinical negligence claims. You can claim for general damages, which is compensation for pain, suffering and loss of amenity - which can arise from physical or psychiatric damage (a recognised and diagnosable condition, not "emotional harm" though).

Because the op might save someone else from serious medical incompetence.
Please stop shaming her into not taking it further!

Someone gave her the wrong results.

You might as well, everyone else does. God help us all in ten years time when it has gone and we have to pay privately. Deaths and ill health will double.

Yes, let's all litigate, that'll help an already underfunded and crumbling institution get better 🙄

Thankyou for all the supportive comments 😘 I've posted my documents to a solicitor today after a telephone appt. I will update at some point and can advise other women too x

Absolutely sue.

I'm Irish and we are very familiar with the brave beautiful mother Vicky Phelan. Very similar circumstances - she sued our HSE and won.
I wish you well and do what feels right for you x

Absolutely, systems will only change if people stand up and challenge. 👍

Surely if they have now rechecked the original sample and said the cancer changes were obvious then that’s the breach of care?

Cervical cancer is awful and if your abnormal cells developed in to cancer because of negligence in the testing process, I would want things to change and an apology aa a minimum.

I lost my fertility to cervical cancer and it has had life long physical and psychological consequences for me. If I thought someone had been negligent I would want change.

I wish you all the best if you do go ahead with proceedings OP and for your recovery.

IMO you need to weigh up the costs and benefits to you. It may be the 'right' thing to do but is it worth it for you? It could involve a lot of time and angst.

We had a situation where our child was off rolled illegally by a school. When discussing the issue with a lawyer, they asked us what the benefit might be to pursue it. Did we want them to stay at the school? Or just to punish / stop the head? Since only the latter was true, we let it go. Maybe we could have helped others but the cost to us was too much. Moving on worked out a lot better.

When a mistake was made with my Mum's cancer treatment and we complained they ask what if anything would make Mum feel better. She said all she wanted was an apology. She got a four line letter apology from the trust. She had really wanted an apology from the person who made the mistake. She died.

@CormorantStrikesBack not necessarily.
OP has reported second hand that the person who reviewed it said it was "obvious".
That's one person's view, we don't know who they are, their qualifications, what they said exactly (it sounds like it was indirectly reported to OP), why it was obvious to them, why it seemingly wasn't picked up (human error, oversight, actually harder to pick up than this one person suggested with hindsight) and if there is a reason someone might pick it up now but didn't then (developments in screening / software etc).

These things are not straight forward. It sounds like OP might have a decent negligence claim but not possible to tell from
the info on this thread that "it is negligence".

DSis went into hospital for a minor op that went badly wrong. She wasn't monitored and collapsed as she was being discharged. An artery had been severed. She was in a coma for three weeks and left hospital with reduced mobility, PTSD and delirium, doubly incontinent. Every clinician we met told us it was medical negligence.

She had to medically retire from her work as a chef. The Trust agreed to settle immediately whilst not admitting liability. It took three years of psychological and physical assessments across the country (very difficult for someone who had trouble stepping out her front door). Her settlement was less than the legal bill (which was funded by Legal Aid so more public funds) and all her benefits over that three year period were deducted from the quantum. The surgeon was medically retired and we later found out that there had been three other similarly serious complaints.

Her view is that the money wasn't worth what she had to go through to get it. Her advice would be think very carefully about what you want to achieve from any lawsuit. The money doesn't "punish" the NHS, it's paid out of a separate fund. No one learns from it - process takes so bloody long all the staff are changed by the time the reports are available.