THE HSE has apologised to the family of a deceased man after admitting a two-year delay in diagnosing his cancer. It is also to pay €102,000 under a settlement of High Court proceedings.
John McNeive (59), of Logalisheen, Ballindine, Co Mayo, died in August 2005, four months after he was diagnosed with cancer of the mouth. Proceedings for mental distress and trauma arising from his death were brought on behalf of the family by his widow Eileen McNeive. Liability was admitted by the HSE.
The court heard Mr McNeive had been referred to University College Hospital, Galway, in April 2003, where he underwent tests after attending his GP with a headache. Despite the concerns of his wife, family and his GP, it was not until April 2005 that a biopsy revealed he had extensive cancer. By that stage the cancer had spread to his spleen, and he died on August 13th of that year.
Yesterday, in a statement read before Mr Justice John Quirke, Patrick Hanratty SC for the HSE said his clients “acknowledged that there was a delay in the diagnosis of Mr McNeive”.
The HSE wished to apologise to the family of Mr McNeive for what had occurred, and for all the hurt and distress caused to them.
Eoin McCullough SC, for the family, said they were happy with the settlement proposed. Approving the settlement, Mr Justice Quirke offered the sympathies of the court to the McNeive family over “a very distressing matter”.
Mr McNeive, who had a brain tumour removed and a shunt inserted previously, had complained of headaches and swelling on his face in 2003 and 2004. He attended both UCGH and Beaumont Hospital in Dublin. In Beaumont in August 2004, he underwent tests, and a scan revealed a large tumour in his mouth.
In September 2004, a surgeon at UCGH said Mr McNeive did not have a tumour in his mouth, the family said. Two months later a doctor at Beaumont concluded his problems were due to the shunt. However, after an operation to remove the shunt, a test showed there was no infection. It was also claimed Mr McNeive’s situation was left to deteriorate after that, and other symptoms of mouth cancer were ignored.
It was claimed had the HSE diagnosed Mr McNeive’s condition in August 2004, he could have undergone surgery and radiotherapy and, on the balance of probabilities, would have survived.
In a statement, Mrs McNeive and her sons David and Michael welcomed the HSE’s acknowledgment of the delay in diagnosing the illness. The statement said John’s “irreplaceable love and warmth are sadly missed, and his passing has left a void in our lives”.
“We hope that by highlighting the delay in the care he received lessons will be learned and systems and procedures will be improved, and that there will be better communication within the HSE.”
The family also called for “the need for reform in the law in relation to compensation in cases such as this”. The amount available for mental distress compensation where a person died was €25,394.76, which seemed “paltry when contrasted with some of the amounts of money awarded for other, perhaps, less serious cases”.