Case summary

A confidential settlement was reached on behalf of our client, a woman who received incorrect cervical smear test results in 2014, resulting in a delayed cervical cancer diagnosis. The defendants were the HSE and Quest Diagnostics, a laboratory that examined the sample as part of the national cervical screening programme.

By the time the cancer was identified, it had progressed to an advanced stage, requiring significantly more aggressive treatment. The settlement was reached without admission of liability following two years of legal proceedings. Coleman Legal represented our client throughout, with Diane Treanor managing the case.

Client background

Our client was a woman in her late forties when she participated in the national cervical screening programme in 2014. She attended for screening in the ordinary way, trusting that the process would identify any abnormality at the earliest possible stage. She had no reason to question the result she received. She continued with her life unaware that the sample had been misclassified and that a potentially preventable condition was not being addressed.

What happened

Our client’s cervical smear sample was examined in 2014 and she was given a clear result. The sample was subsequently found to have been incorrectly classified. By the time her cervical cancer was diagnosed, it had progressed to an advanced stage, requiring significantly more aggressive treatment than would have been necessary had the abnormality been identified when the original sample was examined.

The consequences were severe: advanced-stage cancer, the physical and psychological toll of aggressive treatment, chronic pain, and the profound distress of knowing that the progression of the condition had been preventable. She also suffered financial consequences, including loss of earnings due to her inability to work and the ongoing cost of medical care.

How the claim was investigated

Coleman Legal worked with our client to gather the clinical records required to establish the nature of the error made in 2014 and its medical consequences. Delayed cervical cancer diagnosis claims require expert medical analysis to identify the failure in the original examination against the standard expected of a competent screening laboratory, and to trace the clinical consequences of that failure.

The firm engaged appropriate medical experts to assess both the original screening error and its consequences for the client’s health. Proceedings were brought against the HSE and Quest Diagnostics and pursued over two years to a confidential settlement in July 2022.

Outcome

A settlement was reached on a confidential basis in July 2022, without either defendant admitting liability. The settlement followed two years of legal proceedings. It addressed the financial consequences of the delayed cervical cancer diagnosis, including the costs of ongoing medical care and the income the client was unable to earn as a result of illness.

For our client, the resolution brought the legal process to a conclusion and provided resources to meet the ongoing care needs.

How Coleman Legal helped

Diane Treanor managed this case on behalf of our client, coordinating the medical expert evidence required to establish the connection between the incorrect screening result in 2014 and the advanced-stage cancer that was subsequently diagnosed.

She guided the client through two years of proceedings, ensuring that the case was built on a thorough evidential foundation and that all available legal options were clearly explained at each stage. Coleman Legal LLP is a litigation practice based in Dublin 1, Ireland, specialising in medical negligence claims across the Republic of Ireland, including delayed cancer diagnosis cases involving national screening programmes.

Discuss your case with our team

If you have concerns about a delayed or incorrect cancer diagnosis and wish to understand your legal options, our solicitors can advise you in confidence. Contact our team to discuss your case on 1800-844-104 or email us at [email protected].