Terminally ill mum gets apology for ‘negligence’
THE HSE and a testing laboratory have apologised in the High Court to a mother-offour who is terminally ill with cervical cancer for a smear test which they acknowledge was read in a manner that was negligent.
The apology was read out at the Four Courts as Patricia Carrick and her husband Damien settled their High Court action in which it was claimed Ms Carrick’s smear test was misdiagnosed or misreported.
Ms Carrick (51) was too ill to attend the Four Courts and is currently in hospital.
Her husband Damien was in court as the apology was read out by Patrick Hanratty SC, for the HSE, on behalf of both the HSE and the MedLab Pathology Ltd.
It stated: “The Health Service Executive and Medlab Pathology Ltd acknowledge that the liquid-based cytology sample of May 31, 2016, was read in a manner that was negligent and in breach of duty.
“We wish to sincerely apologise that this occurred and for the consequences and distress that this has caused for you all.”
The apology was addressed to Mr and Mrs Carrick and their four children, Ciaran, Rioghna, Sorcha and Eoin.
The Carricks’ counsel, Patrick Treacy SC, told the court the case had settled after going to mediation.
Ms Carrick was diagnosed with cervical cancer last year and underwent treatment, but she suffered a relapse of the cancer in February and is now terminally ill and receiving palliative care.
An administrator from Oranmore, Co Galway, she and her husband sued the HSE, claiming the alleged failures in care on the balance of probability caused an alleged delay in diagnosing her cancer which she said caused a loss of opportunity of cure.
Ms Carrick, whose youngest child is 13, further claimed it has impacted on her life expectancy, and she has been unable to work since July last year when she was first diagnosed.
She had a routine smear test in 2014 and it is claimed the cytology report issued showed no evidence of neoplasia, which is an uncontrolled growth of cells. Another smear test in 2016 also showed no evidence of neoplasia.
In 2018, a further cervical smear test under the national screening programme was reported as unsatisfactory for assessment and Ms Carrick was advised she needed to have a repeat smear test in three months.
In February 2019, she had the smear test which was reported as showing no abnormalities.
Ms Carrick was diagnosed with cervical cancer five months later, by which time it had spread to her pelvic lymph nodes. She claimed she was allegedly deprived of the opportunity of timely and effective investigation and management of her condition.
She claimed she was deprived of the opportunity of treatment at a time when her disease was allegedly amenable to curative treatment.
The claims were denied, but in court yesterday, the HSE and MedLab Pathology acknowledged the 2016 sample was read in a manner that was negligent and in breach of duty. The details of the settlement are confidential.
Outside the Four Courts, Mr Carrick said on behalf of his wife Patricia and his children, he wished to acknowledge the acceptance of liability in the case and the apology in relation to the 2016 slide.
He said on July 29 last year his wife received a phone call to tell her she had cancer.
“Since that time our very private and happy lives in Galway have been marred by the horrendous situation that we found ourselves in,” he said.
His wife, he said, is a great mother a really good friend and “the glue that keeps the Carrick house in order”.
He said she was “very conscious of the ramifications of missing a smear” and is a “firm believer” in the screening programme.
“If she was here today, she would be encouraging all women to go for their smears regularly and to listen to their bodies.”