At Switalskis we are committed to achieving the best possible outcomes for our clients, even in the most complex cases. Our Clinical Negligence team’s expertise, combined with our clients’ resilience, enables us to secure justice for those who have been let down by the healthcare system. One such case, managed by solicitor Paisley Laws, exemplifies the dedication and thoroughness with which we approach every case.

The case: a delayed diagnosis in cervical cancer  with life-changing consequences

Our client approached us in 2017 after an error caused by an NHS Trust led to delay in the diagnosis of cervical cancer. The error occurred when their cervical smear test results were misreported in 2012, leading to the cancer going undiagnosed until 2014.

This delay had devastating consequences. The Defence accepted, following a challenge of their initial denial of liability, that had the cancer been diagnosed sooner, it could have been treated with a less invasive LLETZ procedure, sparing our client  the radical hysterectomy and chemotherapy that ultimately caused lifelong complications. These were accepted to include infertility, early menopause and lymphedema. It was also alleged to have caused urinary incontinence—physical and emotional challenges that have dramatically impacted their life.

Throughout the case, Switalskis faced a number of legal hurdles. The Trust initially denied liability. They also contested financial losses, arguing that our client’s inability to work was contributed to by  unrelated medical conditions rather than the delayed cancer diagnosis.

Overcoming challenges

Despite the challenges, our team worked tirelessly to build a case on our client’s behalf. This involved several key steps:

• Expert input: We engaged with medical and financial experts to clarify the full impact of the delayed diagnosis, including the significant emotional and financial toll on our client’s life.
• Strategic negotiation: We pursued a settlement through alternative dispute resolution, including detailed correspondence and a Joint Settlement Meeting, where we continued to push for a resolution that fairly reflected the harm caused.
• Client-focused approach: Throughout the legal process, we made sure to respect our client’s wishes to avoid the stress of court proceedings while ensuring we presented the strongest possible case.

As solicitor Paisley Laws , who managed the case, explained:

"This case presented several complexities, including the disputes over liability However, by working closely with our client and expert witnesses, we were able to demonstrate how the delayed diagnosis of cervical cancer had caused life-altering consequences. The settlement achieved not only provides our client with the compensation they deserve but also acknowledges the lasting impact this medical negligence has had on their life."

We secured a settlement of £675,000 at the Joint Settlement Meeting. This compensation reflects the profound and life-changing impact that the delayed diagnosis and subsequent treatments had on our client. It covers both the physical and emotional suffering endured and the significant financial losses caused. 

Beyond financial settlement, this result also provides the client with validation for their fight towards justice, and a step towards rebuilding her life.

Our client expressed immense relief and gratitude upon the conclusion of the claim, sharing how much it meant to see it be brought to a positive conclusion. They were particularly grateful for the support and care throughout the process, which helped them navigate such a difficult and emotional journey.

How Switalskis can help you

While no amount of money can undo the suffering our client has experienced, this settlement will provide them with the financial support needed to adjust to their new circumstances and move forward with their life. It also allows access to the care and treatments that will continue to support recovery.

At Switalskis, we understand the profound impact that medical negligence can have on a person’s life, and we are committed to helping those affected secure justice and compensation. If you or a loved one has been impacted by a delayed diagnosis or other forms of medical negligence, our experienced team is here to help. Please get in touch with us for a confidential conversation about how we can support you on your journey to justice.

Call us on 0800 1380 458 or email help@switalskis.com