Lab wanted psychologist to quiz Emma’s children
Clinic only backed down on request after objections
there had been “no substantive admission of liability in the case from the HSE”.
This is a “source of torment, anguish and very hard to explain to the woman who has terminal cancer and is dying”.
Patrick Treacy SC, for Ms Mhic Mhathúna, said it would be maintained from this date the HSE should have conceded liability – and the failure to do so has caused undue anguish and torment. “We give notice that exemplary damages will be sought,” he said.
Mr Justice Kevin Cross said he appreciated it was a very emotional case. These were very sad cases but counsel had made a speech and could have included these matters in letters between solicitors, he said.
Patrick Hanratty SC, for the HSE, said the case involved alleged breach of duty and alleged breach of care and these have to be investigated. It was unfair to have these comments made in public against the HSE at this time, he said.
The case had come before the court yesterday for case management after Ms Mhic Mhathúna had on Wednesday asked the HSE to make a decision on its stand on liability within the next 24 hours.
She wanted the case settled as quickly as possible.
“We now have a legal reality exemplary and aggravated damages will be sought in the case,” he added.
He accepted that not all cases of misdiagnosis result in an admission of liability but this case was different.
The case centred on a 2013 smear sample slide. But last Monday, Ms Mhic Mhathúna’s team found there was a second 2010 slide which was allegedly misread. If it was correctly read, she would have been informed of the need to have a procedure.
“We have a situation where Ms Mhic Mhathúna is not just saying there is one but two misread and that liability is not immediately conceded is a source of grave torment to her. It is very difficult to explain to her why liability is in issue,” Mr Treacy said.
Mr Justice Cross said he thought the lawyers on both sides had done everything in their power – and those representing the defendants in the case also had obligations to their clients. The judge said he would consider all matters and a decision would be made as soon as possible. The hearing date for the case was set for the end of this month.
The State Claims Agency said it was managing the case as “expeditiously as possible”.
It informed the court it would do everything in its power to bring about the resolution of this case by mediation.