Screening Negligence Claims

If a screening error caused you avoidable harm, JMW’s medical negligence solicitors can help you understand whether you have grounds to claim compensation.

Screening negligence claims may involve missed, delayed or misread results, lost samples, failure to invite or recall a patient, or failure to refer someone for further investigations or treatment. These mistakes can have serious consequences, including delayed diagnosis, more intensive or prolonged treatment, avoidable injury and psychological harm.

Our team advises on medical negligence claims involving errors with cervical screening (smear test), breast cancer screening, bowel cancer screening, AAA screening, diabetic eye screening and antenatal screening. We will listen to what happened, review the care provided, gather evidence and explain the best course of action.

To speak to a specialist solicitor about a screening negligence claim, call 0345 872 6666 or complete our online enquiry form.

How JMW Can Help

If you believe a screening error caused you avoidable harm, our medical negligence solicitors will help you understand what happened and whether you may be able to make a claim.

Screening negligence claims often involve detailed medical records, screening reports and expert medical opinion. We will gather the evidence needed to investigate the care provided, including records from your GP, hospital, NHS trust, private clinic or screening clinic. We will then work with independent medical negligence experts to assess whether the care you received fell below a reasonable standard and whether this caused injury, delayed diagnosis, additional treatment or another significant impact.

When you contact us, our medical negligence solicitors will:

• Listen to your experience and explain whether you may have grounds for a medical negligence claim
• Request and review your medical records, screening letters, test results and any relevant screening report
• Identify the responsible body, such as an NHS trust, GP practice, hospital or private provider
• Obtain independent medical opinion on the care provided and the harm caused
• Explain the claims process, including the letter of claim and what happens next
• Advise you on funding, including whether a conditional fee agreement may be available
• Help you understand how compensation is worked out, including the impact on your health, treatment, earnings, care needs, medical expenses and day-to-day life

Our team is led by the respected solicitors Eddie Jones and Angharad Hughes, and includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. We provide clear, practical legal advice from the start and will support you through each stage of your screening negligence claim.

Meet the Team

JMW’s medical negligence team includes specialist solicitors with extensive experience helping people affected by screening errors, including missed, delayed or misread results, to understand what happened, gather the evidence they need and take confident next steps towards a claim.

What Is Screening Negligence?

Screening negligence happens when the care provided during a screening process falls below a reasonable standard and causes avoidable harm. This may involve an error by a doctor, nurse, consultant, radiologist, laboratory worker, screening clinic or hospital team.

A screening negligence claim may arise if a result was missed, misread, recorded incorrectly or not followed up. It may also involve a failure to invite or recall a patient, a lost sample, a delayed referral or incorrect reassurance after symptoms or abnormal changes were identified.

To bring a medical negligence claim, we usually need to show four key points:

• Duty of care: the healthcare professional or organisation responsible for your screening owed you a duty to provide care at a reasonable standard.
• Breach of duty: the care provided fell below that standard, such as failing to act on abnormal cells, suspicious findings or a high risk result.
• Causation: the breach caused avoidable harm, such as a delayed diagnosis, more intensive treatment, additional injury or a significant impact on your health.
• Loss: the harm led to consequences that can form part of a claim, such as pain, treatment needs, loss of earnings, care needs, medical expenses or psychological injury.

The key question is whether the care provided was negligent and whether that negligence caused harm that could have been avoided. Our medical negligence solicitors will review your records, obtain independent medical opinion and explain whether the care provided fell below a reasonable standard.

What Are the Most Common Types Of Screening Negligence Claims?

Screening negligence claims can involve several different NHS screening programmes. Each programme has its own process, but a medical negligence claim may arise where a missed result, misread screening report, lost sample, failure to recall a patient or failure to refer for further tests caused avoidable harm.

Below are some of the main types of screening negligence claim our medical negligence solicitors advise on.

Cervical screening and smear test negligence

NHS cervical screening, which used to be called a smear test, checks the health of the cervix and helps prevent cervical cancer. The NHS invites women and people with a cervix aged 25 to 64 for cervical screening every five years.

A medical negligence claim may arise if abnormal cells or abnormal changes were missed, a sample was lost or mishandled, a result was recorded incorrectly, or a patient was not referred for colposcopy or further investigation when they should have been. It may also involve symptoms such as abnormal bleeding not being investigated properly by a doctor or nurse.

Breast cancer screening and mammogram negligence

NHS breast cancer screening uses mammograms to look for signs of breast cancer. The NHS offers breast screening to women aged from 50 to their 71st birthday, and people registered with a GP as female are invited automatically.

A claim may arise if a mammogram was misread, suspicious findings were not acted on, a patient was not recalled for further tests or there was a failure to refer them to a breast clinic. Where breast cancer screening negligence causes a delayed diagnosis, the person affected may need more intensive treatment than they would otherwise have required.

Bowel cancer screening negligence

NHS bowel cancer screening uses a home test kit, known as a FIT kit, to look for signs of blood in stool samples. People aged 50 to 74 who are registered with a GP are automatically sent a bowel cancer screening home test kit every two years.

A bowel cancer screening negligence claim may involve a failure to send or process a test kit, a positive result not being acted on, a delay in referral for further investigations such as a colonoscopy or incorrect reassurance after symptoms or abnormal findings. These failures can have serious consequences if they delay diagnosis and treatment.

AAA screening negligence

Abdominal aortic aneurysm screening, often called AAA screening, checks for swelling in the aorta, the main blood vessel that carries blood from the heart to the abdomen. In England, AAA screening is offered to men during the year they turn 65, and the test involves a non-invasive ultrasound scan.

AAA screening negligence may involve a failure to invite an eligible person, a scan being misread, the screening report being recorded incorrectly, or a failure to arrange monitoring or referral. A negligence claim may also arise where a high risk result was not communicated clearly or acted on within the expected timeframe.

Diabetic eye screening negligence

Diabetic eye screening checks for signs of diabetic retinopathy and other diabetes-related eye changes. The NHS invites everyone with diabetes aged 12 and over for diabetic eye screening, with the timing of subsequent appointments depending on previous results.

A diabetic eye screening negligence claim may involve a failure to invite or recall a person, images being misread, results not being shared with the right doctor or hospital team, or a failure to refer someone to an eye specialist. Where these mistakes delay treatment, they may have a significant impact on a person’s sight and day-to-day independence.

Antenatal and foetal anomaly screening negligence

Screening tests in pregnancy include ultrasound scans and blood tests that try to identify health conditions that could affect the pregnant person or baby. NHS information explains that these tests may include checks during pregnancy for conditions affecting the baby’s health and development.

An antenatal or foetal anomaly screening negligence claim may arise if abnormal scan findings were missed, a high risk result was not followed up, a referral to a consultant or foetal medicine specialist was delayed or parents were given unclear or incorrect information about results and available options. These cases often need careful investigation because the impact can be deeply personal and long-lasting.

Common Examples Of Screening Negligence

Screening negligence can happen at different stages of the process, from the first invitation through to reporting results and arranging follow-up care. A claim may arise where a mistake caused a delayed diagnosis, avoidable injury, more intensive treatment or another significant impact.

Common examples of screening negligence include:

• A failure to invite or recall a patient for screening
• A cervical screening/smear test sample, bowel cancer screening kit or other sample being lost, mishandled or processed incorrectly
• Abnormal cells, abnormal changes or suspicious findings being missed
• A screening report being misread, recorded incorrectly or attached to the wrong person’s medical records
• A doctor, nurse, radiologist or other medical professional failing to refer a patient for further tests
• A hospital, GP practice, NHS Trust or screening clinic failing to act on a high risk result
• Incorrect reassurance being given when symptoms or screening results needed further investigation
• Delays in communicating results to the patient or the doctor responsible for their care
• A failure to explain what the result meant and what should happen next

To claim compensation, it is necessary to prove that the care provided was negligent and that this caused harm. For example, a claim may have merit if a timely referral would have led to earlier treatment, fewer complications or a better outcome.

When Can You Make A Medical Negligence Claim?

You may be able to make a medical negligence claim if a screening error caused you avoidable harm. This means showing that the care provided fell below a reasonable standard, and that this failure caused an injury, delayed diagnosis, additional treatment need or other significant impact.

Screening negligence claims often depend on whether earlier or appropriate action would have changed what happened next. For example, a claim may arise if:

• A cervical screening (smear test) result was misread and abnormal cells were not identified
• A mammogram showed suspicious findings that were not acted on
• A bowel cancer screening result was positive, but a referral for further investigation was delayed
• A diabetic eye screening image was misread and treatment was delayed
• An AAA screening report showed a high risk result, but monitoring or referral did not happen
• An antenatal screening result was not explained clearly, meaning parents were not given the information they needed about further tests or options

Our medical negligence solicitors will review your medical records, obtain independent medical opinion and explain whether your claim has merit.

What Is The Process For Making A Screening Negligence Claim?

When you contact JMW about a screening negligence claim, we will explain the claims process clearly and guide you through each stage.

• Initial consultation: we will listen to what happened, ask about the screening you received and explain whether you may have grounds for a medical negligence claim.
• Evidence gathering: we will request your GP records, hospital records, screening clinic records, appointment letters, test results and any relevant screening report.
• Expert review: we will ask independent medical negligence experts to provide a medical opinion on the care provided and whether any failure caused avoidable harm.
• Letter of claim: if the evidence supports your claim, we will send a letter of claim to the responsible body, such as an NHS Trust, GP practice, hospital or private provider.
• Response: the responsible body will investigate and respond to the alleged negligence, including whether it accepts or denies responsibility.
• Negotiation: we will advise you on the response, explain the best course of action and seek an outcome that reflects the harm, treatment needs and impact on your life.
• Court proceedings: most claims settle outside of court; however if court proceedings become necessary, our lawyers will prepare your case and support you throughout the process.

To learn more about how this works, take a look at our guide to the medical negligence claims process.

How Compensation Is Worked Out

Compensation in a screening negligence claim is assessed under two main categories: general damages and special damages. Together, these help to reflect the harm you experienced and the practical impact the negligence has had on your life.

General damages relate to the pain, injury and impact on your health. In screening negligence claims, this may include the effect of a delayed diagnosis, more intensive treatment, avoidable symptoms, loss of fertility, changes to your independence or a recognised psychological injury caused by what happened.

Special damages relate to the financial losses and costs caused by the negligence. These may include:

• Loss of earnings if your health affected your ability to work or difference in earnings due to the negligent treatment
• Care and support costs where you needed help from family, friends or paid carers
• Medical expenses and treatment-related costs
• Travel costs for appointments, hospital visits or follow-up care
• Adaptations or equipment needed because of the injury or treatment
• Other financial losses linked to the impact of the screening error

The compensation amount will depend on your individual circumstances, including the severity of the harm, the treatment you needed and the long-term effect on your life. JMW will gather evidence, assess both general and special damages, and explain what you may be able to claim.

Time Limits For Screening Negligence Claims

There is usually a three-year time limit for making a medical negligence claim. In screening negligence claims, this usually runs from either:

• The date the negligence happened; or
• The date you first became aware that negligent care may have caused you harm.

This second date is sometimes called the “date of knowledge”. It can be important in screening negligence claims, because a person may not realise straight away that a missed result, delayed recall or failure to refer may have affected their diagnosis or treatment.

Different rules apply for children and people who lack mental capacity. For children, the three-year limitation period usually starts on their 18th birthday. If a person lacks mental capacity to make a claim, the time limit may not start unless they later regain capacity.

It is best to seek legal advice as soon as you feel ready to do so. This allows your solicitor to request medical records, review the evidence and investigate what happened while the details are still clear. Read our explainer on the time limits for making a medical negligence claim to learn more.

Q

What counts as screening negligence?

A

Screening negligence may happen when the care provided during a screening process falls below a reasonable standard and causes avoidable harm. This could include a missed result, misread screening report, lost sample, failure to invite or recall a patient, or failure to refer someone for further tests or treatment.

To bring a medical negligence claim, you usually need to show that there was a duty of care, a breach of that duty, causation and harm. In simple terms, this means showing that the care provided was negligent and that this caused an injury, delayed diagnosis, additional treatment need or another significant impact.

Q

What if I missed my screening invitation?

A

Missing a screening invitation does not automatically prevent you from making a claim, but the circumstances will need to be reviewed carefully. For example, there may be questions about whether the invitation was sent correctly, whether a recall should have happened, or whether later symptoms or abnormal findings should have been investigated.

Our medical negligence solicitors will look at the records and explain whether the care provided was reasonable.

Q

Do I need to have developed cancer to claim?

A

No, screening negligence claims are not limited to cases where someone has developed cancer.

A claim may be possible if the negligence caused avoidable harm. This could include delayed diagnosis, more intensive treatment, fertility problems, sight loss, avoidable injury, a recognised psychological injury or another serious consequence. The key issue is whether the screening error changed the outcome for the person affected.

Q

How is screening negligence proven?

A

Screening negligence is proven using evidence. This may include GP records, hospital records, screening clinic records, test results, appointment letters, screening reports and witness statements from anyone who attended appointments with you.

Independent medical opinion is also important in most cases. A medical expert can review the care provided, explain whether it fell below a reasonable standard and advise whether that failure caused avoidable harm.

Q

What does no win, no fee mean?

A

The vast majority of our cases are funded by a “no win, no fee” agreement, known as a conditional fee agreement (CFA).  Whilst your solicitor will of course discuss this with you and advise on the best options available. If the case is unsuccessful, you will not have to pay any legal fees, so there is no financial risk to you.

Q

Who is a screening negligence claim made against?

A

A screening negligence claim is made against the responsible body. This may be an NHS
Trust, GP practice, hospital, private healthcare provider, screening clinic or another organisation involved in the care provided.

We will identify who was responsible by reviewing your medical records, screening reports and the pathway of care.

Q

How long does a screening negligence claim take?

A

The length of the claims process depends on the complexity of the medical issues, the evidence needed and how the responsible body responds.

Some claims can be resolved more quickly than others, while cases involving several doctors, hospitals or screening stages may take longer to investigate. We will keep you updated throughout and explain each step as your claim progresses.