Pap Smear Misdiagnosis Lawsuits

This page looks at Pap smear misdiagnosis lawsuits. Pap smear misdiagnosis malpractice typically arises when a Pap smear, a screening tool for cervical cancer, leads to incorrect results.

The whole purpose of undergoing a pap smear regularly is so your gynecologist can diagnose the very early signs of cervical cancer and intervene with preventative treatment. Unfortunately, the rate of misdiagnosis has risen dramatically in recent years due to new pap smear testing and analysis methods.

On this page, we will look at medical malpractice cases against OB/GYNs for pap smear misdiagnosis resulting in the development of full-blown cervical cancer and discuss settlement amounts and jury payout for Pap smear misdiagnosis cases where the cancer continues to progress.

About Pap Smear Testing

A Pap smear (or pap test) is a screening test designed to detect the early signs of cervical cancer in women. During a pap test, a small tissue sample is scraped off from the cervix. The tissue sample is placed on a glass microscopy slide and sent to a lab for examination and analysis.

The cells from the cervical tissue sample are examined at the lab to identify specific abnormal-looking cells. Abnormal cells can come in different levels and types. Some abnormal cells are considered “precancerous,” which is the earliest sign of cervical cancer before it fully develops into cancer. Other abnormal cells may be classified as “carcinoma in situ,” meaning that they have already developed into cervical cancer.

Six Primary Types of Pap Smear Malpractice Lawsuits

Pap smear malpractice lawsuits typically involve six primary types:

1. False Negative Results: Where cancerous or precancerous cells are present but not reported, leading to delayed cancer treatment when time is of the essence.
2. Improper Reading of Test Results: Due to negligence or lack of expertise by the doctors or the lab.
3. Failure to Follow Up: Not informing patients about abnormal results or not conducting further testing as needed. These types of communication errors make up a more significant percentage of these cases than you would think.
4. Incorrect Procedure: Errors during the Pap smear procedure that affect results.
5. Failure to Recommend Regular Testing: Not advising patients on the need for routine Pap smears based on medical guidelines.
6. False Positive Results: Resulting in unnecessary medical procedures and emotional distress. Our malpractice lawyers do not handle these cases. But there are a decent number of false positives.

 

Changes in Pap Smear Testing Have Decreased Accuracy

Traditionally, Pap smear testing was considered very accurate. The cellular abnormalities associated with early cervical cancer are often very identifiable in the tissue sample by an experienced technician. In recent years, however, two changes in how pap smear test samples are processed and analyzed have made them far less reliable and accurate.

The first change that has decreased the accuracy of pap smear testing is the widespread use of pre-screening computer technology in place of human analysis. In the past, each Pap smear tissue slide was examined and analyzed by a human technician trained to identify cell abnormalities. Today, however, computer imaging scans are used to pre-screen Pap smear slides and flag specific slides or certain areas in a sample for further analysis by a human technician. This pre-screening technology is often inaccurate and frequently fails to identify and flag abnormal and precancerous cells.

The other new development that has negatively impacted pap smear accuracy is the increasingly high volume of samples that technicians are expected to review and analyze. To increase efficiency and reduce costs, lab technicians generally analyze twice the number of pap smear slides in a given time frame compared to 10 or 15 years ago. This has invariably led to less careful analysis, resulting in more Pap smear misdiagnosis cases.

Consequences of Pap Smear Misdiagnosis

Pap smear misdiagnosis can have dire health consequences. When cervical cancer is identified in its early stages, it can be effectively treated before it fully develops and spreads. This is precisely why routine Pap smear testing is considered so important.

When Pap smear tests are misread, and the early signs of cervical cancer are not diagnosed, the window of opportunity for early intervention treatment may be lost. Pap smear misdiagnosis can allow cervical cancer to go undiagnosed for years. This delay in the diagnosis of cervical cancer can have devastating results because it can allow cancer to progress and potentially spread to other areas of the body. In its later stages, cervical cancer is much more challenging to treat.

Pap Smear Malpractice Lawsuits

Failure to properly examine and interpret a pap smear test resulting in a delay in the diagnosis of cervical cancer may be grounds for a medical malpractice claim against your OB/GYN. Cervical cancer takes years to develop, and the early warning signs are identifiable well in advance. This means that if you had regular pap smear tests as advised by your doctor, and your first diagnosis of cervical cancer finds an advanced form of cervical cancer, it is very likely that your prior Pap smear tests were misdiagnosed.

If a misdiagnosed Pap smear test results in a delayed diagnosis and progression of cervical cancer, you may be entitled to financial compensation for your medical expenses, pain and suffering, and other losses.

Verdicts & Settlements: Pap Smear Misdiagnosis

Below are verdicts and reported settlements from medical malpractice cases involving a pap smear misdiagnosis.

• $7,668,000 Verdict (2023 Oklahoma): The plaintiff claimed that the results of her pap smear were incorrectly read and reported as a low-grade squamous intraepithelial lesion (LSIL), rather than a high-grade (HSIL), contributing to delay in the diagnosis of her cervical cancer. delayed diagnosis. By the time the cancer was diagnosed it had progressed and she required a radical hysterectomy procedure.
• $1,550,000 Settlement (2021 Pennsylvania): A 24-year-old woman died from undiagnosed cervical cancer and her family brought a wrongful death lawsuit against her OB/GYN doctors. The lawsuit alleged that the defendants were negligent in failing to order proper diagnostic testing (including pap smears) in response to the woman’s symptoms, which included irregular period and pelvic pain.
• $2,100,000 Settlement (2020 Georgia): A woman underwent a Pap smear at a federally funded hospital. The results revealed cancerous cells, but somehow, the results were misdiagnosed as normal, resulting in a 6-month delay in diagnosis. The woman died two years later after undergoing various treatments. Her family alleged negligence against the federally funded hospital. They claimed its staff deviated from the standard of care and misrepresented the Pap smear results. This case settled for $2,100,000.
• $450,000 Settlement (2017 New Jersey): A 24-year-old woman underwent three Pap smears over two years. After 3rd test, hospital staff failed to inform her of abnormal results, and the pathologist recommended that she undergo a biopsy and colposcopy. The woman was ultimately diagnosed with Stage 3 cervical cancer and died one year later. Her family alleged the hospital staff failed to properly diagnose her cervical cancer and inform the woman of the abnormal Pap smear results. This case settled for $450,000.
• $1,250,000 Settlement (2017 New York): A 65-year-old woman underwent a Pap sme r. The results were abnormal. However, the hospital staff failed to diagnose the woman with cancer. She died several years later. The woman’s family alleged negligence against the treating OB/GYN. They claimed she failed to follow up on the abnormal Pap smear and diagnose the woman with cervical cancer. This case settled for $1,250,000.
• $1,900,000 Settlement (2017 California): The defendant gynecologist’s assistant failed to inform the patient of abnormal HPV. Pap smear misdiagnosis lawsuits typically arise when a Pap smear, a screening tool for cervical cancer, leads to incorrect results. Several months later, she experienced lower abdominal cramps and heavy bleeding and was prescribed birth control pills. The woman’s symptoms persisted the following year, but she was told that her steroid use caused her bleeding and that she suffered from fibroids. He underwent fibroid surgery. During the procedure, the surgical team discovered Stage IV cervical cancer, and she died eighteen months later. The woman’s family alleged negligence against the gynecologist. They claimed she failed to diagnose cervical cancer and order additional tests properly. This case settled for $1,900,000.
• $4,000,000 Verdict (2016 Florida): A 59-year-old woman underwent a Pap sme r. The results were negative. Two years later, the woman suffered red post-menopausal bleeding. She resented her gynecologist. Her abdominal ultrasound and pelvic exam were normal. The woman was later diagnosed with metastasized uterine cancer, and she died five months later. The woman’s family alleged negligence against a cytotechnologist for misinterpreting the pap smear. The jury awarded $4,000,000.

Pap Smear Misdiagnosis Lawyers

If you or a family member suffered due to a Pap smear misdiagnosis, our medical malpractice lawyers may be able to help you. Call our Maryland medical malpractice lawyers at (800) 553-8082 or fill out our brief online form for a free consultation of your potential medical malpractice case.