Victims of cancer test errors tell of wait for justice

TWO WOMEN whose breast cancer diagnoses were delayed because of errors in laboratory testing have expressed anger and frustration at their long wait for compensation.

“It is as though they are waiting for me to die so the claim will die with me,” one of the women said.

Both women received admissions of negligence from the Health Service Executive and apologies from then minister for health Mary Harney almost four years ago, but have not yet been compensated for the mistakes made in their care.

They have called for a redress system to deal with compensation and have said the adversarial approach of the State Claims Agency in defending their cases is having a detrimental effect on their health and wellbeing.

Patient A, a 55-year-old woman from Tipperary, had her breast cancer diagnosis delayed by 18 months because of errors at a laboratory in University College Hospital Galway (UCHG).

She received an apology from UCHG and from Ms Harney and began a compensation claim in late 2008. The State Claims Agency did not lodge its defence of the claim until April 2011. It admitted negligence and breach of duty, but denied Patient A sustained any personal injury, loss or damage as a result.

Patient A, speaking out publicly about her claim for the first time yesterday, told The Irish Timesshe believed there had to be a better way to compensate people who have been misdiagnosed. Initially, the agency told her solicitor they would settle quickly, she said. But then the delays began.

“I genuinely don’t know why they are doing it; they are denying everything and that is very hard to understand,” she said.

The second woman said she did not want her case identified. Her experience with delays and the defence of her claim were similar to Patient A’s. She described the process as hurtful and demeaning and said she has suffered depression as a result.

A spokeswoman for the State Claims Agency said it could not comment on ongoing cases.