According to the American Cancer Society, approximately 13,490 new cases of invasive cervical cancer will be diagnosed, and about 4,200 women in the United States will die from this disease in 2026. However, not all cervical cancer cases are fatal. Pap smears are a crucial tool in accurately diagnosing cervical cancer. Still, when they are not performed properly, or healthcare providers do not properly follow up after a Pap smear is performed, the cancer can spread.
When a delay in the diagnosis of cervical cancer is due to failing to properly examine a patient, failing to order necessary tests, misinterpreting a pap smear test, or failing to follow up after testing, it could provide grounds for a medical malpractice claim against the negligent medical provider who caused the delayed diagnosis. You could be entitled to financial compensation for your medical expenses, lost income, pain and suffering, and other damages. Contact the medical malpractice attorneys at Powers & Santola, LLP for a free consultation.
What Is Cervical Cancer?
Cervical cancer begins in the cervix at the bottom of the uterus. The cervix connects the body of the uterus to the vagina. Most cervical cancer begins in the cells lining the cervix in an area where squamous cells and columnar glandular cells meet. Over time, cells can move from the membrane of the cervix’s surface to healthy cervical tissue.
Cervical cancer is one of the most common cancers that women develop. A major cause of this potentially fatal disease is contracting a human Papillomavirus infection (HPV, which is a sexually transmitted disease that causes this particular type of cancer. However, it can take years for an HPV infection to advance to cervical cancer, underscoring the importance of early detection.
Screening Guidelines
Cervical cancer can be diagnosed early and cured. One of the best ways to determine whether a person has cervical cancer is by completing a Pap smear test and pelvic examination. Gynecologists have a duty to properly screen and diagnose patients with cervical cancer, often beginning by ordering a pap smear test.
During a routine procedure, a medical provider scrapes a small tissue sample from the cervix. The healthcare professional places the sample in a laboratory slide and sends it to a laboratory for examination and analysis. A timely colposcopy and biopsy can help determine the nature of the cells extracted.
At the lab, the lab technician examines the tissue sample, looking for abnormal-looking cells. Some of these cells may be considered precancerous, while others may have already developed into cancer.
Once the medical professional receives the results of the Pap smear test, they must interpret them correctly. They must also communicate the results to the patient clearly.
Common Causes of Cervical Cancer Misdiagnosis
With today’s advances in modern medicine, doctors have state-of-the-art technologies and tools at their disposal that can help accurately diagnose cervical cancer early and give patients a greater likelihood of survival. However, doctors are human and can make mistakes that lead to a misdiagnosis or a delayed diagnosis of cancer.
Here are some of the most common causes of cervical cancer misdiagnosis:
Missed or Delayed Screening
Patients may miss the opportunity to detect their cancer early when they are not offered Pap or HPV screening. This screening begins at age 21. Pap smear tests should generally be completed every three years, and HPV-based tests should occur every five years for women who should be screened.
These screening guidelines exist to detect cancer early, but failing to follow them can have the opposite effect. When doctors fail to advise patients to get routine Pap smears and other tests in line with medical guidelines, negative outcomes are more likely.
Failure to Offer Age-Appropriate Tests
Patients should be given age-appropriate testing options that can help detect cancer, which include:
- Screening beginning at age 21 for patients with average risk
- Cytology every three years for patients aged 21 to 29
- HPV-based options from ages 30 to 65
- Primary high-risk HPV testing every five years, HPV/Pap cotesting every five years, or Pap smear stand-alone testing every three years
Gaps that extend beyond the intervals described above increase the likelihood of missing high-risk HPV infections and high-grade lesions.
Failure to Obtain a Proper Medical and Family History
Healthcare professionals may fail to ask about or obtain information about your personal or family history that may indicate that you are at an increased risk. For example, if your gynecologist overlooked your family history of cervical cancer, you may not get the tests or attention you need.
Ignoring or Overlooking Symptoms
In many cases, cancer is first detected by a person’s primary care physician. This doctor is your first line of defense, but if they don’t notice symptoms that you may have cervical cancer, they may fail to refer you to a specialist or for testing.
Errors During Testing
The medical professional may fail to complete the Pap smear or other test appropriately, which could lead to false negatives. If the sample was not collected properly, this could distort the test results.
One common outcome is a false negative, which occurs when cancerous or precancerous cells are present but not detected.
Misinterpreting Test Results
After a Pap smear test, a trained cytotechnologist screens it and evaluates it for evidence of abnormal cells. This medical professional forwards the Pap smears to the pathologist.
If your medical provider or a radiologist misreads your biopsy results and inaccurately reports that you do not have cancer, this could lead to you not receiving an accurate diagnosis.
Failure to Act After an Abnormal Result
Cervical cancer can often be effectively treated when abnormal test results are received in a timely manner, leading to prompt colposcopy, biopsy, and treatment, but when a healthcare provider fails to recognize or respond appropriately to an abnormal test result, they can cause unnecessary delays.
Some of the common causes that can lead to a failure to follow up medical malpractice lawsuit after receiving an abnormal test result include the following:
- Failure to follow up: Doctors may erroneously adopt a “let’s wait and see” approach rather than properly following up after a Pap smear indicates further workup is necessary.
- Lack of a good tracking system: Doctors’ offices may not be set up to receive and promptly act on negative health results. They may receive bad results in the same way as normal results. Without a system that flags high-risk situations or abnormal results, doctors may not even realize there is a problem.
- Tests are not ordered: Healthcare providers may fail to order follow-up tests after receiving an abnormal test result. Typically, a colposcopy and biopsy should be ordered if an abnormal test result is present.
- Failing to schedule testing: Medical professionals may fail to schedule the necessary tests. Or, if they do schedule them, they may do so well after the abnormal test results, resulting in the spread of cancer.
- Communication errors: Many doctors’ offices today use online portals where patients can go to view their medical records and information. However, they may not think that anything is wrong or may be unable to read and make sense of test results without a doctor communicating with them. Without information about results or the need for further evaluation, diagnostic delays can occur.
- Failure to monitor: In some cases, patients should be kept under extended surveillance after treatment for high-grade precancer. If the patient’s medical team fails to monitor them properly, their condition may worsen without their knowledge.
How Communication Breakdowns in Follow-Up Care Can Lead to Invasive Cancer
Cancer is a fast-spreading disease. When it goes undetected, it can grow and spread to other areas of the body. However, when cancer is detected at early stages, it can be effectively treated, as is the case in cervical cancer cases.
When healthcare providers fail to follow up after an abnormal Pap smear and cervical cancer is not diagnosed promptly, the patient may lose the window of opportunity for early intervention and treatment. According to the American Cancer Society, the five-year survival rate for cervical cancer is the following, based on how far it has spread:
- When the cancer is localized and has not spread outside the cervix or uterus, the five-year survival rate is 91%.
- When the cancer is spread beyond the cervix and uterus to nearby lymph nodes and is considered regional, the five-year survival rate is 62%.
- When the cancer is considered distant because it has spread to nearby organs or other parts of the body, it is classified as distant and has a five-year survival rate of 20%.
When cervical cancer is diagnosed at an early stage, it can be treated with radiation or surgery. However, when it is not detected early, cancerous tumors can grow and spread for years, making treatment less effective or requiring more aggressive treatments.
Financial Compensation Recoverable in a Cervical Cancer Delayed Diagnosis Case
The effects of a delayed cervical cancer diagnosis can be significant. New York medical malpractice victims can seek compensation for the economic and non-economic losses that they suffered due to the negligence of the medical provider, such as:
- Medical costs for surgeries, chemotherapy, radiation, procedures to preserve fertility, medication, and future medical expenses
- Short-term lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress, as patients must contemplate their early demise and deal with aggressive treatment
- Reduced quality of life
What to Do If Your Doctor Failed to Diagnose Cancer Promptly
Your health is the most important priority. Seek a second or third opinion to ensure that your condition is properly diagnosed. Once you realize that your condition should have been diagnosed sooner, you can start to help build your legal claim.
Request all of your medical records from your previous medical provider. You don’t have to give a reason when making this request; it’s your right. Keep your medical records in an organized folder, as this can help demonstrate the connection between the medical professional’s misdiagnosis and the eventual diagnosis of your condition. This includes the following information:
- Pap smear test results
- HPV test reports
- Colposcopy and biopsy reports
- Doctor visit notes
- Referral records
- Treatment records
- Pathology reports
- Communications about abnormal test results
If you’re a victim of a delayed cancer diagnosis, you need an experienced legal team on your side. That’s what you get when you hire Powers & Santola, LLP. We can review your medical records, consult with expert witnesses, and determine if you have a valid medical malpractice claim.
Contact Our Medical Malpractice Attorneys Today
If your cervical cancer diagnosis was delayed due to a healthcare provider’s negligence, time is of the essence. Our dedicated medical malpractice attorneys can walk you through your legal options and then handle the legal process on your behalf so that you can focus your time, attention, and resources on your recovery.
Our personal injury and medical malpractice law firm has made it our life’s mission to help individuals who have been injured or lost loved ones due to the negligent actions of medical professionals. Our unwavering commitment has resulted in hundreds of millions of dollars in compensation for our clients over more than 40 years of helping local community members in Upstate New York. Contact us today for a free consultation to discuss your legal options in confidence.
