Cervical Cancer Misdiagnosis: Why a Hospital Apology Isn’t the Same as Admitting Negligence | Nash & Co Solicitors
Written by Mike Shiers and Rebecca Brisley | Medical Negligence team | 18 February 2026
When something goes wrong in your medical care, especially something as serious as a cervical cancer misdiagnosis, it’s natural to expect answers and accountability. Receiving an apology from a hospital or NHS Trust can feel like an admission that mistakes were made. However, in most cases, an apology does not automatically mean the organisation has accepted legal responsibility for negligence.
Hospitals are encouraged to be open, transparent, and compassionate when things go wrong. This includes apologising to patients and families when care hasn’t gone as expected. But while these apologies are important for emotional closure, they don’t always indicate that the legal threshold for negligence has been met.
What this article will cover
In this article, we’ll discuss the difference between an apology and an admission of liability, and what steps you should take if you believe your cervical cancer was misdiagnosed. We will also explain the NHS duty of candour and why hospitals must apologise, as well as how Nash & Co Solicitors can help you move forward with clarity and confidence.
The difference between an apology and admitting negligence
It’s understandable to think that a hospital’s apology means they’ve accepted fault. In legal terms, though, the two are very different.
Negligence is established when a healthcare provider’s actions fall below an acceptable standard and directly cause avoidable harm. An apology, on the other hand, is simply a statement of regret or empathy. NHS staff can apologise without accepting legal responsibility because they are encouraged to show compassion under their professional duty of candour.
For example, a hospital may apologise for a delay in providing results, even if that delay did not directly cause harm or affect the outcome of your treatment. While this may feel unsatisfactory, it helps preserve trust and encourages open communication.
What is the NHS duty of candour?
The duty of candour is a legal requirement for all healthcare providers in England. It means that if something goes wrong in a patient’s care that causes, or could cause, significant harm, the NHS must:
Tell the patient (or their family) what has happened
Offer a clear and honest explanation
Apologise sincerely
Keep them informed about any investigations or outcomes
In cervical cancer cases, this might happen after a missed smear result, failure to follow up abnormal cells, or delayed referral to a specialist. Under the duty of candour, hospitals are expected to contact affected patients as soon as possible, explain the situation, and apologise.
This is an important step in maintaining trust between patients and the healthcare system. However, it’s not the same as a hospital saying “we were negligent”. Sometimes harm occurs despite staff following accepted procedures, and in those cases, the apology is not an admission of fault but part of an open communication process.
Why cervical cancer cases often lead to hospital apologies
Cervical cancer misdiagnosis cases often involve multiple stages of care — from initial screening through to laboratory testing, referral, and follow-up. This means there are several points where errors can occur, and when they do, hospitals are more likely to issue apologies.
Examples might include:
A smear sample being lost or mixed up in the laboratory
Abnormal cells missed when test slides were reviewed
A GP failing to act on an abnormal result or refer the patient to a specialist
A delay in receiving results due to administrative backlog
Each of these situations could lead to a hospital or GP apology. But whether or not negligence occurred depends on whether those errors directly caused a delay in diagnosis or treatment that made the outcome worse.
An apology is often the first sign that something went wrong, but it’s not the final word on whether the standard of care was legally unacceptable.
How to respond if you’ve received apology
If you’ve received a letter of apology from your GP, hospital or NHS Trust, it can be an emotional experience. You might feel conflicted — grateful for the honesty, yet unsure whether it goes far enough.
You can take the following steps to protect your position:
Read the letter carefully and note any explanations or next steps the hospital outlines
Request copies of your medical records and investigation findings
Keep a written record of your communication with the hospital
Contact a medical negligence solicitor to assess whether the apology reflects an underlying error that may have caused harm
Seeking early legal advice can help you understand whether what happened meets the legal definition of negligence, and whether you may be entitled to compensation.
Why early legal advice matters
Even if you haven’t yet decided whether to make a claim, getting independent legal advice early can make a real difference. Medical negligence solicitors can:
Review the medical provider’s investigation and apology in detail
Obtain independent expert evidence to identify whether negligence occurred
Help you understand the likely impact on your health, treatment, and future care needs
Ensure you don’t miss important claim deadlines
At Nash & Co Solicitors, we often hear from people months after receiving a hospital apology, still unsure what it really means. By this point, key evidence can be harder to obtain. Getting in touch early gives you the best chance of understanding your options clearly.
Emotional and practical impact of an apology
An apology can bring mixed emotions. For many, it’s the first time someone has acknowledged what went wrong. But it can also raise new questions and leave you uncertain about the full truth.
It’s important to remember that seeking legal advice isn’t about challenging an apology, it’s about making sure you fully understand what happened and whether your outcome could have been different. If avoidable harm occurred because of poor care, you have every right to explore your legal options.
How Nash & Co Solicitors can help
Nash & Co Solicitors regularly support people affected by cervical cancer misdiagnosis across Plymouth, Devon, Cornwall, and throughout the UK. We combine expert legal knowledge with a genuinely caring approach, ensuring that every client is listened to and guided through the process clearly.
When you contact us, you will speak directly with an experienced member of the team. We will discuss what happened, review your medical records, and outline your potential options without pressure or obligation.
If we feel that your enquiry requires further investigation we will undertake extensive research to ascertain whether we believe that there has been any wrongdoing. This might involve researching guidelines, considering previous similar cases or sometimes even having a brief conversation with a doctor or Consultant. We are transparent about costs and keep communication open throughout, so you always know where you stand.
To speak with our medical negligence team, call 01752 827067 or email medneg@nash.co.uk.
Frequently Asked Questions
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You normally have three years from the date of the negligence or from when you first realised it caused you harm.
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No. Hospitals often apologise as part of their duty of candour, which promotes openness and honesty. An apology does not automatically mean that negligence has been legally proven.
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Keep the letter, request your medical records, and seek legal advice. A solicitor can help you understand whether the apology indicates negligence or a general expression of regret.
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Yes. You can still bring a claim if there is evidence that negligent care caused harm, even if an apology was already issued.
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Negligence occurs when medical professionals fall below the expected standard of care, leading to avoidable harm. Independent medical evidence is often required to confirm this.
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It’s a legal obligation for healthcare providers to be open and honest when things go wrong, including giving patients a full explanation and an apology.
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While the duty of candour is a legal requirement for the NHS, private providers follow similar ethical principles and may issue apologies when something goes wrong.
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No. Your ongoing medical care will not be affected by bringing a claim for negligence.
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Your solicitor will review your medical records, gather expert reports, and assess whether the delay or misdiagnosis caused harm.
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Yes. While based in Plymouth, we represent clients throughout Devon, Cornwall, and across the UK.
