Impact of mother’s death would have been assessed
THE children of terminal cancer sufferer Emma Mhic Mhathúna faced being questioned by a psychologist for up to two hours each, to assess the effect their mother’s death would have on them.
The shocking demand was put forward by the legal team acting for Question Diagnostics, the Texas laboratory where her smear test was incorrectly read, the Irish Independent has learned.
It was part of the legal defence of a High Court claim for damages by Ms Mhic Mhathúna, a mother of five from Ballydavid in Kerry, who had two wrong smear test results.
A psychologist would travel to their family home and speak to them for one-and-a-half to two hours each, to find out the impact of their mother’s eventual death.
The insensitive call was objected to in a letter sent to the legal team for the HSE from Cian O’Carroll, Ms Mhic Mhathúna’s solicitor.
It was only through behindthe-scenes negotiation by Mr O’Carroll yesterday that the lab backed down on the demand.
A separate effort was made to have Ms Mhic Mhathúna assessed by a gynaecologist, psychiatrist and nursing consultant. This will still go ahead, but after talks it was consented this will be carried out on an agreed basis for all parties.
The hard-hitting defence by the laboratory came as the HSE again refused to admit liability in the case, despite assurances by Taoiseach Leo Varadkar and Health Minister Simon Harris last month that women at the centre of the scandal would not be forced to endure a court ordeal.
The High Court was told yesterday that Ms Mhic Mhathúna and her children are now to seek exemplary and aggravated damages. Her barrister said