Cervical Smear Test Scandal – Ireland

The HSE and Irish Government have been widely criticised for the role they played in the screening process and have been accused of instigating a ‘cover up’. Additionally, the HSE employed the services of two American companies to carry out the testing, they have also been negligent in the way they handled the testing of cervical smear tests.

Some people have incorrectly accused physicians of negligence. However, their job was merely to collect cells from the women and send them to the pathologists at the testing companies. Therefore, the negligence lies with Quest Diagnostics, Clinical Pathology Laboratories (CPL) and the HSE.

The real tragedy of this scandal is that a lot of the deaths and illnesses could have been avoided. Lead campaigner Vicky Phelan successfully sued CPL for 2.5 million euros, her smear tests were misdiagnosed and as a result, she became terminally ill. Emma Mhic Matuna sued the HSE and Quest Diagnostics for 7.5 million euros, she sadly passed away in October 2018.

At P.A. Duffy & Co Solicitors our experienced medical negligence solicitors can help victims of this scandal to recover compensation. The negligence is very clear and the HSE has apologised for its handling of the Programme.

Firstly, the medical records of the potentially mistreated women must be reviewed to see if the smear(s) were reported incorrectly and whether the failure amounts to a breach of duty. The woman will only have a stateable case if there was a breach of duty resulting in harm. It is important that all harm caused, including, financial, physical, and future loss of earnings, are well documented to build a strong case.

We know that funding a compensation claim might be a worry, so we offer a range of options.

These include:

• Legal Aid · Legal expenses cover

• After the Event insurance (ATE insurance)

• Private payment

In the Republic of Ireland, the statute of limitations for medical negligence cases is three years for the time of the negligence. However, you will be able to bring a case within two years. This is especially important in cases involving misdiagnosis as patients generally will not realise the effects of the misdiagnosis until well after the negligence occurred.