[2007] LTLPI 01.09.08

3-year delay in diagnosis of cervical cancer which Claimant (aged 32) alleged was due to misreporting of cervical smear. The Claimant subsequently required a number of surgical procedures to treat the malignancy, during which her obdurator nerve was damaged causing permanent discomfort in her leg.

Claimant accepted injury to the nerve was not due to any negligence in the surgery but argued due to misreporting of her original smear her cancer had spread requiring more invasive surgery, compromising her fertility. It was further alleged she had suffered depression due to her illness and the way she had been managed. Parties agreed life expectancy was unlikely to be compromised by the delay. Liability disputed.

Out of court settlement: £90,000 (estimated General Damages £55,000).