A mother the Supreme Court has heard is critically ill with terminal cancer wants an early hearing about her actions on allegations of falsifying her pap smear test.
The woman, who has not been named by court order, chose not to have palliative chemotherapy and “could die in a very short amount of time,” her attorney Jeremy Maher SC told the court.
Mr Maher, guided by attorney Cian O’Carroll, said it was a very sad case that the woman now with Stage 4 cancer “has a very limited life expectancy.”
“She found herself in a terrible position,” he said.
She sued HSE over a smear test performed under the national Cervical screening program.
It is believed that in November 2016 she had a negative smear test result. In June 2019, she was diagnosed with invasive cervical cancer and she underwent a radical hysterectomy and other procedures.
In May last year, she was diagnosed with a cancer recurrence and she is terminally ill.
It is believed that the smear test in 2016 was not properly reported and that the woman’s cancer was allowed to grow and spread unspecified, unattended, and untreated until she was was diagnosed with cervical cancer in June 2019.
It is also claimed that she was deprived of the opportunity to receive treatment at a time when her illness was curable.
It is further alleged that if the 2016 smear test had been reported correctly, she would have been referred for endoscopy and could have undergone surgery and removed the lesion.
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Her husband has also brought a lawsuit against HSE claiming to be in shock, deep stress and distress.
Mr Maher said his side believed there was a 32 month delay in the woman’s treatment and that she was “probably going to die in a short period of time”.
Previously, she was given a life expectancy of six to nine months but since then she has decided not to undergo palliative chemotherapy.
He requested a trial date of next March 30 and the case was specifically fixed on the list. While the case only started in mid-February, it reflects the seriousness of the woman’s plight. Eileen Barrington SC, in charge of the HSE, said her side is glad the case has been managed and they would be happy to agree a date but she said they think it is too early to set a date for a hearing.
Justice Paul Coffey said it was a very sad and tragic case and he said the court was obligated to give the woman an early date to hear her actions. “A worthy case,” he said.
The judge, who provisionally set a trial date for late next month, said it made no sense that the court should set a date before Easter.
He said both sides are trying to facilitate a date on March 30.
https://www.independent.ie/news/mother-gravely-ill-with-terminal-cancer-wants-early-hearing-of-her-action-over-alleged-misreporting-of-her-cervical-smear-test-41394596.html Mother with terminal cancer wants to hear soon about her actions for allegedly falsifying a pap smear test