A cervical cancer misdiagnosis claim in Ireland can arise in several different ways
- A false negative smear result in CervicalCheck, a failure to inform a patient that a re-audit of her smear slides showed a changed result,
- A GP’s failure to refer despite reported symptoms, or a delay in colposcopy or biopsy referral after an abnormal result.
Each situation is factually and legally distinct.
Our cervical cancer misdiagnosis claim solicitors act for women across Ireland who are seeking to understand what happened and their options.
If you believe your cervical cancer was diagnosed later than it should have been, or that a screening result was not handled correctly, our solicitors can advise you on whether the circumstances give rise to a legal claim and what the process involves.
What is Cervical Cancer?
Cervical cancer is the cancer of the cervix (the neck of the womb) and generally manifests from the Human Papillomavirus (HPV), though not all HPV infections lead to cancer.
Typically, it takes 10 to 15 years for the normal cells to become abnormal cancer cells. If detected early, cervical cancer is treatable.
Cervical cancer at its late stage can have more complications; hence, regular cervical screening to detect cervical cancer at its early stage is advised by the HSE.
If you have been diagnosed with cervical cancer at a late stage and believe that you could have been informed earlier, it can be very distressing for you and your family.
Coleman Legal LLP understands how devastating it can be when knowing or unknowing cancer patients do not receive a proper and timely cervical cancer diagnosis.
We can offer independent legal advice and assist you with options available to you in this difficult time.
If you have experienced sub-standard medical care, received a late diagnosis or misdiagnosis of cancer, and suffered negative consequences as a result, our compassionate and highly experienced Cervical Cancer Misdiagnosis claims solicitor team can help you pursue a compensation claim.
For more information on Cervical Cancer, please see
Cervical cancer misdiagnosis claim process
1. Consult our solicitor
It is advisable for you to speak to an experienced team of cervical cancer misdiagnosis claim solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
2. We obtain your medical records
After the consultation with your cervical cancer misdiagnosis solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records.
The purpose of engaging an independent expert is to establish whether there was any negligence on the medical professionals part.
3. The medical negligence litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will begin issuing legal proceedings in Court against the medical professional and/or hospital.
Statute of Limitation
The legal time limit to make a cervical cancer misdiagnosis claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence.
For children/minors, the time limit expires two years after their 18th birthday. You can contact a solicitor to talk about your case and inform you about the statute of limitations applicable to your case.
Frequently Asked Questions
What types of cervical cancer misdiagnosis claims can be made in Ireland?
Cervical cancer misdiagnosis claims in Ireland fall into several categories.
A false-negative smear result, where CervicalCheck or a laboratory reported a smear as normal when abnormal cells were present, is among the most common.
A second category arises from the CervicalCheck controversy: women whose historical smear slides were re-audited and found to show changed results, but who were not informed.
A third category involves a GP failing to refer a patient for colposcopy or investigation despite reported symptoms such as irregular bleeding.
Each type of claim involves different evidence and a different analysis of what went wrong and when.
What was the CervicalCheck controversy and does it affect my claim?
CervicalCheck is the national cervical screening programme operated by the HSE for women aged 25 to 65.
In 2018, the Scally Report identified that more than 221 women had undergone a retrospective audit of their smear slides, and that, in a number of cases, the audit result differed from the original result, but that these women had not been informed.
The report made findings about how the programme was managed and how audit information was communicated to patients and clinicians.
If you are one of the women affected by the CervicalCheck audit process, or if you believe a false negative result contributed to a delayed diagnosis, this may be relevant to a legal claim.
Our solicitors can advise on your specific situation.
How long do I have to make a cervical cancer misdiagnosis claim?
In Ireland, the limitation period is two years from the date of knowledge under the Statute of Limitations (Amendment) Act 1991.
The date of knowledge is the date on which you first knew, or ought reasonably to have known, that your cervical cancer diagnosis was delayed or caused by a negligent act or omission.
For many women in the CervicalCheck context, the date of knowledge was not the date of the original smear but a later date when they learned their audit result had changed.
Given the complexity of this issue, legal advice should be sought as early as possible to establish when the limitation period began to run in your case.
What evidence is needed in a cervical cancer misdiagnosis claim?
The evidence required in a cervical cancer misdiagnosis claim typically includes
- Your full CervicalCheck screening history and smear results;
- GP referral records and any correspondence about abnormal results;
- Colposcopy and biopsy records; your diagnosis and treatment records; and
- An independent expert report from a gynaecological oncologist or cytopathologist confirming that an earlier or different result should have been reported.
Where the claim relates to the CervicalCheck audit process, correspondence about the audit and any disclosure or non-disclosure of the changed result will also be relevant.
Can my family bring a claim if I lost someone to cervical cancer that was misdiagnosed?
Yes. Where a person has died as a result of a cervical cancer that was misdiagnosed or diagnosed later than it should have been, their dependants may bring a claim under the Civil Liability Act 1961.
The claim is for the benefit of the deceased’s dependants and may include compensation for financial dependency, loss of companionship, and the pain and suffering experienced by the deceased before death. These claims are brought by the personal representative of the deceased’s estate.
Time limits apply and legal advice should be sought promptly.
