This case involved a woman who suffered avoidable harm due to the misinterpretation of cervical smear tests by a laboratory on three separate occasions over a six-year period. Despite attending routine screenings, her test results were incorrectly reported as normal, delaying the diagnosis of cervical cancer.
By the time the cancer was identified, it had progressed to a stage that required a total hysterectomy, a life-altering procedure with significant physical and emotional consequences. Around the same time, she was also diagnosed with breast cancer, which was unrelated to the negligence and treated appropriately.
Although she survived both conditions, the impact of the delayed cervical cancer diagnosis was profound. She was unable to continue her career as a nurse, a role she had dedicated herself to for many years and one in which she regularly performed cervical smear tests herself. The irony and emotional toll of this experience were deeply felt.
Legal challenges
While liability for the misinterpreted smear tests was admitted relatively early in the case, the legal journey was far from straightforward. One of the initial hurdles was identifying the correct Defendants, which required a detailed review of various contractual arrangements between the NHS Trust and external laboratory providers.
Quantifying the claim also proved complex. The client’s breast cancer diagnosis, although unrelated to the negligence, overlapped with the consequences of the hysterectomy, making it difficult to isolate the specific impact of the delayed cervical cancer diagnosis. Medical experts were required to carefully distinguish between the physical and psychological effects of each condition, and to assess how the negligence had altered the client’s life trajectory.
Why Moore Barlow?
The client turned to Moore Barlow for expert legal advice and compassionate support. She needed a team with deep experience in Gynaecological medical negligence injury claims, particularly those involving delayed diagnosis and long-term professional impact.
Moore Barlow was chosen for our reputation in handling sensitive and complex cases, and for our ability to navigate both the medical and legal dimensions with care and precision. The client’s goal was to secure compensation that would reflect the avoidable harm she had suffered and provide financial stability following the loss of her career.
Our approach
The case was led by Sarah Stanton, Partner in the Medical Negligence team. Working closely with medical experts, Sarah and her team assessed the long-term impact of the misdiagnosis, including the physical consequences of the hysterectomy and the emotional toll of losing a career in nursing.
The team conducted a thorough evaluation of the client’s medical history and professional background, ensuring that every aspect of her loss was accounted for. They engaged in detailed negotiations with the Defendant’s legal representatives and opted for mediation as a constructive route to resolution.
Throughout the process, the team remained focused on securing justice while minimising further emotional strain for the client.
Outcome of the case
The case was successfully settled for £400,000. This compensation reflects the avoidable harm caused by the misinterpreted smear tests and provides financial support for the client’s future. It acknowledges the loss of her career, the physical and emotional challenges she endured, and the long-term impact on her quality of life.
“This case involved complex medical and legal issues, but we were determined to secure justice for our client. It was rewarding to help her achieve a positive resolution after such a challenging experience.”
Sarah Stanton – Partner | Medical Negligence
Sarah Stanton is a Partner in the Medical Negligence team at Moore Barlow. She specialises in high-value claims involving delayed diagnosis, surgical error, and long-term impact on professional careers.
