A “devastated” mother of three has received an apology from the board of St James’ Hospital for under-reporting a smear test from 2004 that might have prevented her later cervical cancer diagnosis.
The woman, who cannot be identified by court order, alleged that the hospital was responsible for the “acts and omissions” involved in her care and claimed medical negligence and breach of duty when early abnormal cells were not properly recorded, reports Breaking News.
She initiated separate legal actions against the board of St James’ Hospital and the HSE, which were later merged into a single case.
The woman alleged that the hospital failed to correctly evaluate or report a cervical smear taken in 2004, which she claimed made them “responsible for a situation whereby the plaintiff’s cancer was allowed to develop and spread”, reports Breaking News.
In 2004, she underwent a smear test in which the cytology report stated no abnormal cells were present and recommended only routine recall.
Two follow-up smear tests in 2009 and 2013 showed no signs of lesions or malignancy, reports Breaking News.
However, she was diagnosed with cervical cancer in 2017 and went on to have a hysterectomy in 2019.
The 2004 test was handled by the hospital, and it was alleged this resulted in a failure to detect, assess, or accurately report developing cell changes, reports Breaking News.
It was argued that had the 2004 smear been reported correctly as showing abnormal squamous cells, she would have been scheduled for another smear within six months.
It was further claimed that if abnormalities persisted, she would have been referred for colposcopy by early 2006, which would likely have revealed a pre-cancerous condition, reports Breaking News.
This earlier detection would have meant the pre-cancer lesion could have been “completely excised”, preventing “an invasive cancer from developing as eventually diagnosed in 2017”.
At the High Court on Friday, Jeremy Maher SC, instructed by solicitor Siobhán Ryan of Cian O’Carroll Solicitors, said the woman and her husband had been “put through the mill” and experienced “very severe consequences and difficult times” because of the alleged breach in 2004, reports Breaking News.
Mr Maher claimed that if the 2009 and 2013 smear tests had not been reported as they were, “there never would have been a progression to cancer”, and said a breach of duty had been acknowledged through a letter of apology issued after mediation.
The apology from St James’ Hospital, signed by Chief Operations Officer Aisling Collins, was read in court by defence barrister Michael Binchy SC, reports Breaking News.
“On behalf of St James’ Hospital, I would like to express our heartfelt apologies to you in relation to the under-reporting of your cervical smear sample in 2004,” the letter reads, reports Breaking News.
“We acknowledge that had the smear sample been reported as showing abnormal squamous cells, it is likely that you would have been referred to colposcopy and had pre-cancerous cells treated and avoided a diagnosis of cervical cancer,” it continued, reports Breaking News.
“We do not underestimate the devastating impact of the diagnosis on you and your family and on behalf of St James’ Hospital, we are truly sorry,” the letter stated, reports Breaking News.
Mr Justice Paul Coffey said he was pleased the issue had been resolved to the woman’s satisfaction and wished both her and her husband well for the future, reports Breaking News.
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