The HSE and a hospital have apologised to a mother of three with terminal cancer "who could die at any time" because the reporting of her smear slide fell below a reasonable standard and for the “devastating consequences” for her.
The apology which was delivered in a letter to the 40-year-old woman the day before her High Court action kicked off, acknowledges that the reporting of her smear test taken on November 3, 2004 “fell below a reasonable standard.”
Liability in the case has been admitted and the case, which is against the HSE, is before the court for assessment of damages only.
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Her counsel Jeremy Maher SC, instructed by Cian O’Carroll solicitor at the opening of her action in the Four Courts on Thursday, said the woman has six to eighteen months to live and won’t see the summer of 2024 and “could die at any time.”
Counsel said while the apology is of “real value” for the woman who has a limited life expectancy after her cancer returned last November, it was distressing for her and her husband as to why it had taken to before the opening of her High Court case for the apology to be given.
In the letter, the HSE and St Luke’s Hospital, Rathgar, Dublin which tested the 2004 slide, apologised to the woman who cannot be named by order of the High Court.
It said: “We acknowledge that the reporting of the cytology sample taken on Saturday November 3, 2004, fell below a reasonable standard.”
The letter signed by the general manager of St Luke’s Radiation Oncology Network, Jacqueline Robinson, continued: “I unreservedly apologise to you for what happened and for its devastating consequences. I do not underestimate how difficult this has been for you and your family. I hope that you will accept this apology which is made with sincere regret.”
At the opening of the action, Mr Maher said the case was causing great distress to the woman and her husband and while they were in the Four Courts, they were not able to attend court.
He said the woman when she was in her early 20s and had two young children had a smear test in 2004..
Counsel said it was tested at St Luke’s and reported back as negative when “in fact it was significantly abnormal”.
The pre-cancer in 2004 he said should have been detected and if it had, it would have been excised and “she would have been cured forever.”
Six years later in 2010, Counsel said the woman had another smear test and this was reported back as abnormal and she was referred for a number of procedures.
She was diagnosed as suffering from micro invasive squamous cell carcinoma. Further smear tests were clear until the summer of 2015 when metastatic cervical cancer was diagnosed.
Counsel said a significant, complicating and tragic factor was that the woman was five weeks pregnant at the time. He said it was a much-desired pregnancy and there were two serious concerns regarding her life and her pregnancy.
The hospital involved had to take legal advice on the matter and the decision on treatment, he said, was not taken lightly. Counsel said the medical advice was the only way to save her life was to have the chemotherapy, radio therapy and brachytherapy and there was a loss of the pregnancy.
“The court can only imagine the distress this caused,” Counsel said.
Counsel for the HSE, Patrick Hanratty SC, told the court before it rose, that once liability was admitted, the apology was presented to the woman “as quickly as we could.”
The case before Mr Justice Paul Coffey continues.
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