When Delayed Smear Results Lead to Negligence | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 11 February 2026
Cervical screening is one of the most effective ways to prevent cervical cancer. It helps to identify abnormal cells before they have a chance to develop into something more serious. But when results are delayed, misplaced, or not acted on in time, the consequences can be life-changing.
For most people, waiting for test results is stressful enough. You trust that your results will arrive quickly, and that you will be contacted if something needs further investigation. When weeks turn into months, or you later find out that your results were available but never shared, it is understandable to feel anxious, angry, and let down.
What this article will cover
In this article, we will look at how and why cervical smear results are sometimes delayed, what counts as negligence, and how you can take action if your diagnosis was affected. We will also explain how Nash & Co Solicitors supports women and families across Plymouth, Devon, Cornwall and the wider UK who have experienced cervical cancer misdiagnosis or avoidable delays.
Why delays in smear results happen
Cervical screening involves several steps before a patient receives their results. The sample must be taken correctly, processed in the laboratory, and reported back to both the GP and patient. Delays can occur at any stage, including:
Laboratory backlogs caused by staff shortages or equipment issues
Administrative errors, such as test samples being mislabelled or misplaced
Results being sent to the wrong surgery or not logged correctly
Failure to follow up when results indicate further investigation is needed
These problems can affect both NHS and private healthcare systems. While occasional delays may be unavoidable, consistent or serious failings can result in patients being denied timely treatment.
How long should smear test results take?
In England, the NHS advises that cervical screening results should usually arrive within two to four weeks. If your results take longer than this, it is sensible to contact your GP practice or screening unit for an update.
Unfortunately, some people only discover that their results were delayed when new symptoms appear months later. In others, follow-up tests or referrals were recommended but never arranged. When those missed opportunities lead to a later or more serious diagnosis, it may indicate negligence.
When a delay becomes negligence
Delays alone do not always mean that medical negligence has occurred. To bring a successful claim, it must be shown that:
The delay was caused by a breach of duty, meaning the standard of care fell below what is reasonably expected of a competent healthcare provider.
That breach directly caused avoidable harm, such as a cancer progressing from an early stage to a more advanced one.
Examples of negligent delays in cervical screening may include:
A laboratory taking excessive time to process results due to poor management
Administrative staff failing to send results to the patient or GP
Ignoring abnormal results or failing to arrange a follow-up colposcopy
Losing or mixing up patient samples
Failing to investigate symptoms that develop while waiting for results
Each case is unique, and an experienced medical negligence solicitor can review the details to determine whether negligence occurred and what impact it had on your health.
The impact of delayed results
A delay in diagnosis can mean that what would have been a treatable condition becomes far more serious. It can lead to more aggressive treatment, fertility complications, and emotional trauma. Many clients describe feeling betrayed by a system they trusted to protect them.
Even where the outcome is eventually positive, the uncertainty and fear caused by delayed results can be deeply distressing. For some people, the anxiety remains long after treatment ends.
How to find out what went wrong
If you are unsure why your smear results were delayed, you can start by requesting your full medical records. This will include the date your sample was taken, when it reached the lab, and when results were received by your GP. You have the right to see this information.
It can also help to make a written note of what happened, including:
The date you attended your smear test
When you were told to expect results
Any communication you had with your GP or the screening service
When you finally received your results or found out what happened
This information can be useful for both your solicitor and any complaint or investigation you may decide to make.
What to do if you suspect negligence
If you believe a delay in your smear results caused avoidable harm, it is important to seek specialist legal advice. A solicitor experienced in medical negligence can review your records, obtain expert medical opinions, and identify where the process failed.
You do not have to make a formal complaint before speaking to a solicitor. At Nash & Co Solicitors, we regularly help clients at every stage, from early concerns to full investigations and claims.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, our medical negligence team understands how distressing it can be to learn that something went wrong with your smear test results. We take time to listen, explain your options, and ensure you are supported throughout the process.
From the first conversation, you will speak directly with an experienced member of the team who will assess your case, answer your questions, and provide clear, honest advice. There is no obligation to continue, and no pressure to proceed if you are unsure.
If you decide to make a claim, we can handle your case on a No Win No Fee basis. This means there is nothing to pay unless your claim is successful. Our focus is always on transparency and client care, and we are proud to have some of the highest review scores of any law firm in Devon, Cornwall, Somerset and much of Dorset.
To find out more, call 01752 827067 or email medneg@nash.co.uk for a confidential chat.
The impact of delayed results
A delay in diagnosis can mean that what would have been a treatable condition becomes far more serious. It can lead to more aggressive treatment, fertility complications, and emotional trauma. Many clients describe feeling betrayed by a system they trusted to protect them.
Even where the outcome is eventually positive, the uncertainty and fear caused by delayed results can be deeply distressing. For some people, the anxiety remains long after treatment ends.
How to find out what went wrong
If you are unsure why your smear results were delayed, you can start by requesting your full medical records. This will include the date your sample was taken, when it reached the lab, and when results were received by your GP. You have the right to see this information.
It can also help to make a written note of what happened, including:
The date you attended your smear test
When you were told to expect results
Any communication you had with your GP or the screening service
When you finally received your results or found out what happened
This information can be useful for both your solicitor and any complaint or investigation you may decide to make.
What to do if you suspect negligence
If you believe a delay in your smear results caused avoidable harm, it is important to seek specialist legal advice. A solicitor experienced in medical negligence can review your records, obtain expert medical opinions, and identify where the process failed.
You do not have to make a formal complaint before speaking to a solicitor. At Nash & Co Solicitors, we regularly help clients at every stage, from early concerns to full investigations and claims.
How Nash & Co Solicitors can help
At Nash & Co Solicitors, our medical negligence team understands how distressing it can be to learn that something went wrong with your smear test results. We take time to listen, explain your options, and ensure you are supported throughout the process.
From the first conversation, you will speak directly with an experienced member of the team who will assess your case, answer your questions, and provide clear, honest advice. There is no obligation to continue, and no pressure to proceed if you are unsure.
If you decide to make a claim, we can handle your case on a No Win No Fee basis. This means there is nothing to pay unless your claim is successful. Our focus is always on transparency and client care, and we are proud to have some of the highest review scores of any law firm in Devon, Cornwall, Somerset and much of Dorset.
To find out more, call 01752 827067 or email medneg@nash.co.uk for a confidential chat.
Frequently Asked Questions
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Most results should arrive within two to four weeks after your appointment. If you haven’t received your results by then, it’s sensible to contact your GP or screening centre to check for updates.
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Get in touch with your GP surgery or the screening provider to ask for an update. Make a note of when you called and who you spoke to, as this may help later if you need to raise a concern or make a claim.
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Yes, if the delay resulted from negligence and caused avoidable harm such as your condition worsening or your treatment becoming more extensive. A solicitor can help assess whether your case meets this threshold.
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Medical records and independent expert opinions are used to show whether earlier diagnosis or treatment would have changed your outcome. These reports form the foundation of a strong claim.
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You have three years from the date you first became aware that negligence may have occurred. It’s best to seek advice as soon as possible so your solicitor has plenty of time to prepare your case.
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Yes. Nash & Co Solicitors work with clients across Devon, Cornwall, and throughout the UK. You do not need to live locally to receive our help or start a claim.
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No. Your ongoing medical care will continue as usual, and your right to NHS treatment will not be affected by making a claim.
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Claims are handled on a No Win No Fee basis, which means there are no upfront costs and you only pay if your case succeeds. Your solicitor will explain everything clearly before you proceed.
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Keep copies of all correspondence, appointment letters, and notes from your conversations with medical staff. These details can help your solicitor establish what happened and when.
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You’ll speak directly with an experienced lawyer who will listen carefully to your story, review your medical records, and explain your options clearly. There’s no pressure or obligation to move forward until you feel ready.
