Ovarian cancer and medical negligence: Understanding symptoms, diagnosis, and your legal rights

What is ovarian cancer?

Ovarian cancer is the growth of abnormal cells in the ovaries. The cells can grow into surrounding tissues or organs. There are different types of ovarian cancer, and the type you have depends on the type of cell it starts in.   

Symptoms of ovarian cancer

Symptoms of ovarian cancer can often be mistaken for symptoms of other conditions. Common symptoms include:

• bloating
• pelvic pain
• menstrual irregularities
• feeling full quickly / loss of appetite
• frequent urination.  

Other symptoms can include changes in bowel habit, unexplained weight loss and fatigue. 

Causes and risk factors

Risk factors can include age (the risk is greatest in those aged 75 and 79), inherited genes, previous cancer (such as a history of breast cancer), being overweight, having a family history of ovarian cancer, using hormone replacement therapy (HRT) and certain conditions such as diabetes or endometriosis. 

Diagnosis of ovarian cancer

There are 7,500 new cases of ovarian cancer in the UK every year.                                                                                                      

According to Cancer Research UK, one in 56 females in the UK will be diagnosed with ovarian cancer in their lifetime, and 11% of ovarian cancer cases are preventable.  

Importance of timely detection

Around 95% of those diagnosed with ovarian cancer at stage 1 (between 2016 and 2020) survive five years or more, compared to just 15% of those surviving five 5 years or more when diagnosed at stage IV. (Early Diagnosis Hub (shinyapps.io)) 

This means a timely diagnosis of ovarian cancer is crucial - it directly impacts the chances of successful treatment, survival rates and overall prognosis.  

Challenges in early diagnosis

Because the symptoms of ovarian cancer are non-specific and can often be mistaken for symptoms of other conditions (such as gastrointestinal issues), ovarian cancer can go undetected for years. 

The NICE Guidance on Ovarian Cancer, Recognition and Initial Management aims to enable earlier detection of ovarian cancer and improve initial treatment.  

Diagnostic procedures and tests

If a doctor suspects ovarian cancer, they should do a pelvic examination and order blood tests (called a CA125 test).  They may also order imaging, such as an ultrasound of the abdomen and pelvis. 

If, after these initial tests, the doctor remains concerned about ovarian cancer, they will refer you to a hospital for further investigation using a suspected cancer pathway referral.  

Further imaging may be done (for example, a CT scan) and a needle or surgical biopsy may also be taken to confirm (or exclude) the diagnosis, determine the type or assess the staging of the cancer. 

Pap smears do not screen or diagnose ovarian cancer.  MRI scans are also not routinely used for assessing women with suspected ovarian cancer.   

Medical negligence in ovarian cancer cases

Common examples of medical negligence in ovarian cancer cases can include:

• Delayed diagnosis. This could occur if:

1. There is a failure to monitor high-risk patients
2. Symptoms consistent with ovarian cancer are ignored
3. Blood tests or scans are not requested when symptoms indicate possible ovarian cancer 
4. Test or scan results are misinterpreted
5. Test results or abnormal findings are not followed up or communicated

A delayed diagnosis can mean that the disease spreads to other parts of your body, making it more difficult to treat; you require different or more treatment; and/or that your prognosis is poorer.

•   Surgical errors or mismanagement, such as:

1. incomplete tumour removal
2. accidental damage to the bladder, bowel or ureters
3. wrong procedure 

• Ovarian cancer misdiagnosis leading to the wrong treatment 

This could occur if a patient is incorrectly diagnosed with another condition (e.g. ovarian cysts) and is given the wrong treatment, such as hormonal therapy rather than cancer treatment.

Making a claim for ovarian misdiagnosis

Eligibility for making a claim

Medical negligence occurs when a patient suffers harm or injury as a result of substandard care in a healthcare setting.  

Medical negligence claims have strict time limits. If your case relates to a delayed diagnosis or ovarian cancer misdiagnosis, this is 3 three years from when you were informed of the correct diagnosis.  If your case relates to errors relating to treatment, this is likely to be 3 three years from the date of the error.

Steps involved in the claims process

Medical negligence claims are technical and complex – that is why you should seek advice from a specialist medical negligence lawyer.   It will be almost impossible to navigate the process on your own. 

If you would like to understand more, read here: "Bringing a medical negligence claim" 

Compensation 

Claiming compensation can help provide the help and support that you need. 

The amount of compensation you can obtain can vary widely depending on the specific circumstances of your case.

As well as receiving compensation for the physical and psychological consequences of any negligence, you will be able to recover specific financial losses incurred as a result of the negligence. This could include loss of earnings, care, medical treatment and other miscellaneous costs resulting from the negligence.  

Seeking support for a medical negligence claim is a significant and often challenging step. That is why we are here to listen to you and talk through what happened, and to help and guide you every step of the way.

Call our specialist solicitors on 0808 231 1320