Cervical cancer

Injuries and serious conditions can result from medical treatment when a medical professional doesn't practice in a way that meets acceptable standards in Australia. Our cervical cancer injury claim lawyers Brisbane and QLD handle insurance claims for disability resulting from medical treatment in this field and compensation claims for the associated medical errors, ie cervical cancer delayed diagnosis that is the result of medical treatment that has not been provided according to acceptable standards.

There are several common medical errors that can lead to misdiagnosis of cervical cancer in women:

  • Misinterpretation of test results: Even when pathology tests are performed correctly, the results may be misinterpreted, leading to a false-negative or false-positive diagnosis. A false-negative result occurs when abnormal cells are present but are not detected, while a false-positive result occurs when normal cells are mistaken for abnormal cells.
  • Failure to follow up on abnormal test results: If abnormal cells are detected, further testing or a biopsy should be undertaken to determine if cancer is present. If a healthcare provider fails to follow up on abnormal test results or delays follow-up, a woman may miss the opportunity for early detection and treatment.
  • Symptoms mistaken for other conditions: Symptoms of cervical cancer, such as abnormal vaginal bleeding or discharge, may be mistaken for other conditions such as a yeast infection or menstrual irregularities. If these symptoms are not properly evaluated, cervical cancer may go undiagnosed.
  • Misdiagnosis of other conditions such as cervical cancer: In some cases, a woman may be misdiagnosed with cervical cancer when she actually has another type of cancer, such as endometrial cancer. This can lead to delays in treatment and unnecessary procedures.

The consequences of late diagnosis of cervical cancer in women can be life-threatening. When cervical cancer is not detected early, it can spread beyond the cervix to other parts of the body, making it more difficult to treat leading to one or more of the following consequences:

Some of the consequences of late diagnosis of cervical cancer include:

  • Advance in the cancer stage: This can make treatment more difficult and less effective, and may require more aggressive treatment options such as surgery, chemotherapy, and radiation therapy.
  • Reduced chance of survival: The earlier cervical cancer is detected, the higher the chances of successful treatment and survival.
  • Increased risk of complications: Late-stage cervical cancer can cause a range of complications, such as severe pain, bleeding, and infections. These complications can significantly affect a woman’s quality of life and may require hospitalization and intensive medical care.
  • Emotional and psychological impact: A late diagnosis of cervical cancer can be emotionally and psychologically devastating for women and their families. The fear, anxiety, and uncertainty that come with a cancer diagnosis can have a significant impact on a person’s mental health and wellbeing.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our cervical cancer Injury claim lawyers

Common types of negligence claims

To succeed in an action for damages in medical matters, negligence must be established, and the patient must be harmed or injured through that negligence.

Amputation due to medical negligence.

Spinal injuries and cauda equina.

Anaesthesia errors.

Bowel and oesophageal perforation.

Accident & Emergency treatment claims.

Fracture & joint misdiagnosis claims.

X-ray and radiology negligence claims.

Medical misdiagnosis.

Birthing injuries.

Plastic and cosmetic surgery negligence.

Nerve injuries.

Cancer Misdiagnosis.

Surgical negligence claims.

Wound infection claims.

How do you establish the causation between the substandard treatment and the resulting symptoms?

It is essential to prove the extent to which the negligence has contributed to your overall condition. This is established on the basis of expert medical opinion.

Medical malpractice usually falls within one of the following classes:

  • Failure to diagnose at all or failure to diagnose in a timely manner
  • Failure to treat appropriately
  • Failure to provide or counsel appropriate follow-up
  • Failure to refer for specialist diagnosis/treatment
  • Failure to warn as to complications
  • Failure to perform treatment/surgery with the appropriate skill.

Expert evidence is needed to establish the difference between:

  • The original condition you sought treatment for
  • and the condition you were in after that treatment.

Speak to our Cervical cancer Injury claim Lawyers to see what available options you are entitled to.

What sort of damages are payable in medical malpractice compensation?

It all depends on the proportion of liability attributable to the at-fault medical professional, the extent of your resulting injury and the quality of your evidence.

The amount of compensation to which you are entitled is also based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to higher compensation than someone whose injury has had a minor impact on their lives.

The amount of compensation also is determined by:

  • General damages (loss of enjoyment in life due to suffering);
  • Out of pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

If you are not sure if your compensation claim is worthwhile, contact our Cervical cancer Injury claim Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

What are the fees for insurance and compensation claim for Medical Negligence?

It is essential to always speak to Cervical cancer Injury claim Lawyers about your situation. Your financial position should not prevent you from seeking legal advice in regards to your injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ arrangements in many cases.

With a ‘No Win, No Fee’ agreement, your lawyer takes on the financial burden of pursuing your case, you can focus on your recovery and in the meantime on how best to care for your family.

Don’t delay in getting in touch with our Cervical cancer Injury claim Lawyers regarding workplace injury. Carter Capner Law is here to help you with your claims.

For free, no-obligation chat call our no win no fee lawyers today. We have offices across Brisbane and service all of Queensland.

What evidence do I need to keep and collect?

To assist Cervical cancer Injury claim Lawyers with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product which caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records.
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and our Cervical cancer Injury claim Lawyers will help assess your needs and eligibility for our no-win no-fee service.

Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

If you are not sure if your compensation claim is worthwhile, contact our Cervical cancer Injury claim Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

Are children eligible to claim for Medical negligence and malpractice?

For children, a Notice of Claim Part 1 (NOC-1) must be delivered to the at-fault party before the earlier of:

  1. Six (6) years after the day a parent knew or ought reasonably have know that the injury had occurred; or
  2. Eighteen (18) months after the day a parent consults a lawyer about the possibility of making a claim.

If the Notice is not given as required, then the claim is not automatically barred, but the at-fault party may seek a Court Order preventing the claim proceeding further.

If the Court allows the claimant to proceed, you may still be prevented from recovering expenses incurred before giving the Notice including:

  • Medical and other expenses
  • Legal costs
  • Any entitlement in respect of gratuitous domestic service you have provided.

To complicate matters further, if you receive at any stage from another party a written “Notice of Adverse Event Arising out of Treatment” then the requirement for you to give the NOC-1 within the time limits referred to above is more important.

Rather than the at-fault party being able to obtain a Court order to stop the claim, the onus shifts to you to prove why you should be entitled to proceed with the claim. Even if the Court permits you, the above consequence relating to recoverable expenses will apply.

The eighteen (18) month time period is therefore absolutely critical.

Do you need professional advice on your circumstances? Please speak with one of our experienced Brisbane-based Cervical cancer Injury claim Lawyers today.

What happens if the NOC-1 is submitted outside of the applicable time limit?

If you fail to lodge the NOC-1 within 12 months of the at-fault party supplying the documents, you must have a reasonable excuse for the delay. Speak to us today to see if we can help.

Are there any other time limits for making a Medical Negligence claim?


An “Initial Notice” must be sent to the at-fault party (the negligent doctor or hospital) within:

  • One (1) month after the day the claimant first consults a law practice for the personal injury and the at-fault party is identified


  • Nine (9) months from the date of injury (or first appearance of symptoms).

The time limit is determined by whichever date occurs first.

The at-fault party then has one (1) month to provide all relevant records and documents about your medical treatment.
From the date they provide the documents you have a further twelve (12) months to complete and deliver to the at-fault party:

  1. The detailed Personal Injuries Proceedings Act Notice of Claim (NOC) Part 1
  2. A medical report supporting the claim

The insurer then has six (6) months in which to investigate your claim and to determine whether they will admit or deny liability.

Court proceedings must be commenced within 3 years of the medical event. Don’t delay your right to claim for compensation, speak to one of our Cervical cancer Injury claim Lawyers today.

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