Would you sue nhs for this?

[paulaparticles]

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.

I was told that after someone receives a cancer diagnosis their previous slides are looked at in all cases.
So mine was and whoever looked at it saw the abnormal cells very clearly.
I was then called to a conference meeting under the impression it was just a normal meeting that everyone gets to review their smear history. The cancer wasn't even mentioned in the letters and calls they gave me. To be honest it didn't seem important to me to go but they kept insisting so I went and then they dropped the bombshell on me and handed me the report. I will answer any questions I can and will update when I can too. Thanks for sharing you're stories.

Unfortunately false negatives ( ie results reported as clear when they're not) are an inherent part of cervical screening. At the moment they cannot be prevented and a certain percentage of women will get results like the OP did. This does not necessarily or even usually mean negligence. It's a limitation of the screening tests we have.

People mostly do not understand these limitations.

What happens is very difficult and sometimes tragic for the women involved, but it's not something that's easily remedied. Communication should be much clearer in my opinion so people understand the limitations but it's not. I think they may be afraid screening uptake will be lower if people realised the false negative incidence, but that's just a guess on my part.

If the system is sued into oblivion then all screenings will stop.

You definitely wouldn't be saving anyone's life. You will be taking weeks and weeks of clinical staff time in preparing and rewriting statements, practising witness statements, taking (and paying for) never ending legal advice. Those actually involved and all their manages up to the chief exec. You will have staff going sick with stress left right and centre and those guys will not be replaced. You will be responsible for promoting a culture of defensive practice, whereby all test results will be checked in triplicate, so only a third as many tests will be done, so more people will get ill or die.
I have never been involved in a medical negligence case which has resulted in anything other than a vindication of the Trust or if found against the Trust, more paperwork, more managers, more defensive practice and less good outcomes for the many.

Sue them! I am not ashamed to say I sued and won £10k. They fucked up badly and as a result I have been left infertile. It was worth it and I'd do it again!

I think, in a way, the mass vaccinations for Covid provide some sort of analogy.

Everyone now knows that even if you take the vaccine there is no guarantee that you won't get Covid severely and die. Being vaccinated minimises the risks of that happening, but it can still happen.

Screening is the same. It looks at populations and will help at that level, but an individual can still get cancer. Like the vaccine, screening is not a guarantee, but it does lessen your risk.

Should people who get severely ill from Covid (even though they've been vaccinated for free) be able to sue because it didn't work?

Should their families be able to sue if they die?

I agree it’s the right thing to follow this up as it could potentially be a systematic error which affected more people. I’m not totally sure of the procedure but the ombudsman / even your local GP may be able to advise the right system to flag this up.

It doesn’t have to be suing. It is holding people accountable and making sure that this does not happen again.

Other people’s cases are not relevant to the OPs.

OP - you need to do what is best for you and your future, not worry about the NHS or other cases. I’m really sorry about what happened to you and the loss of your baby.

Hi @paulaparticles

I've name-changed for obvious reasons, but I was in an almost identical position to you and I did go down the legal route. It's still an ongoing case, so no resolution at the moment.

Did you take your case any further in the end?

Squirrel x

Negligence compensation payouts don't come from operating budgets. There is a separate entity set up for this. https://resolution.nhs.uk/

In the OP's position, I would claim.

Try contacting Action against Medical Accidents:
www.avma.org.uk

They give great advice, all free, about options when considering legal action, and will even approach solicitors on your behalf if you want. A great place to start.

No.

Thanks everyone it’s with a solicitor and he’s spoke to a barrister and def have a case. I wish you luck.

So the North Staffordshire parents should have just kept quiet?
The staff concerned about Lucy Letby and Beverly Allitt should have just looked the other way?
The NHS keeps a huge budget aside for legal cases because they know that a legal case is usually a desperate last resort for victims.
My relative died due negligence. The NHS staff lied at the inquest. I will never forgive them.

I don’t think it works like that, does it. No.

Of course compensation would help OP. Loss of earnings, emotional impact, mental health, depression, time off.

I say yes. Sue them. They have let you down.
women’s health is not being prioritised by the NHS. I have had nhs doctors tell me this themselves.

I know people think the nhs must be protected and suing would be taking money from an already struggling healthcare system etc etc. you could have died. You have not been looked after properly. If more of us sued them perhaps we would be better looked after.

im in a complaints process with them now. Any criticism of the system is met with disbelief. Unless you’ve experienced some of the appalling treatment.

this in no way detracts from the fantastic work done by the NHS. But it’s a mix and I’ve been treated terribly and so have you op. If you stand up you’re doing it not only for yourself but for womenkind. I hope you make a full recovery and good luck with everything.

This thread is an eye opener for people's differing opinions. I'd complaint at least. For into height with your eyes open though. Some posters saying if you sue all that happens is the person gets medically retired, staff get more defensive, and you end up no better off monetary wise. Terrific. Sad thing is, this is often true. Doesn't make it right though, does it?

No one ever gets a really heartfelt genuine apology though do they? Years ago at a school complaint meeting the council woman said 'we never apologise'. With that kind of stance is it any wonder that we all feel aggrieved.

Hey I am in the same situation as you! I am not a Mumsnet pro but would like to talk to you and see how you are getting on? Is there a way to talk privately?