The use of PAP smears as a screening procedure for cervical cancer has drastically decreased cervical cancer mortality. PAP smears can detect close to 90% of pre-cancerous cells present in the cervix.
Unfortunately, the detection of these pre-cancerous cells, as well as the diagnosis of cervical cancer, is occasionally delayed by physicians, laboratories and other medical personnel who, through inappropriate or deficient care, fail to properly administer the PAP smear. They might also fail to properly test the specimen or inadequately or improperly analyze test results.
This inappropriate or deficient care is often referred to as medical negligence or medical malpractice. Whenever negligence/malpractice results in a delayed diagnosis, a patient's chances of recovery are detrimentally affected.
A patient whose diagnosis of cancer is delayed by medical negligence or medical malpractice may be entitled to compensation for that patient's injuries and damages.
A medical expert would have to review the records and facts of any case where a delayed diagnosis is suspected to determine if the medical attention fell below the standard of care. The expert would also have to determine whether the patient would have had a greater chance of recovery, if not for the negligence or malpractice.
If the expert determines within a reasonable degree of medical certainty that medical negligence/malpractice resulted in a delayed diagnosis, which in turn lessened the patient's chance of survival, it may be appropriate to pursue an action in court.
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