Hospital apologises to woman whose tests went 'under-reported' and suffered cervical cancer
Paul Neilan
A "devastated" mother of three has received an apology from the board of St James' Hospital over the under-reporting of a smear test from 2004 that could have avoided her later diagnosis of cervical cancer.
The woman, who cannot be named by order of the court, had claimed that the hospital was responsible for both the "acts and omissions" of her treatment and accused them of medical negligence and breach of duty when pre-cancer cells went under-reported.
The woman took separate actions against the board of St James' Hospital and against the HSE, which was later consolidated into one matter.
The woman claimed the hospital failed to correctly report or interpret a cervical smear test taken in 2004 which, it was alleged, made them "responsible for a situation whereby the plaintiff's cancer was allowed to develop and spread".
In 2004, the woman underwent a smear test where the cytology report indicated that no abnormal cells were seen and that she was recommended for a regular recall.
Two subsequent smear tests in 2009 and 2013 showed no lesions or malignancy.
However, in 2017, the woman was diagnosed as having cervical cancer and underwent a hysterectomy in 2019.
The 2004 test was carried out by the hospital, which led to a failure in diagnosis or assessment or to correctly report changes in cells, it was claimed.
It was claimed that had the 2004 smear been correctly reported as showing abnormal squamous cells she would have undergone a repeat smear within six months.
It was further claimed that had the abnormalities persisted, this would trigger a referral for colposcopy by early 2006, which would have confirmed a pre-cancerous presence.
This early detection would lead to the pre-cancer lesion being "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 had suffered "very severe consequences and difficult times" due to the alleged 2004 breach of duty.
Mr Maher alleged that if the 2009 and 2013 smear tests were not reported the way they were, "there never would have been a progression to cancer". Mr Maher said a breach of duty had been admitted in a letter of apology written after successful mediation.
The apology on behalf of St James' Hospital, signed by Chief Operations Officer Aisling Collins, was read out to the court by defence barrister Michael Binchy SC.
"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.
"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.
"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.
Mr Justice Paul Coffey said he was delighted the matter had been resolved to the woman's satisfaction and wished her and her husband all the best for the future.
