Cervical Cancer Misdiagnosis scandal

How does Cervical Cancer Misdiagnosis happen?

The CervicalCheck screening service was established as a means of preventing cancer and allowing for early detection of changes in the cervix. Cervical cancer misdiagnosis happens when cancerous symptoms are mistaken for onset of menopause or a heavy menstrual cycle.

The vital signs to be aware of include:

  • unusual vaginal discharge;
  • changes in the menstrual cycle;
  • bleeding between periods;
  • pain and bleeding after sexual intercourse.

Cancer misdiagnosis, and particularly a failure to diagnose cancer, can delay potentially life-saving treatments and lead to premature death, along with painful and debilitating side effects. Misdiagnosis and delays in diagnosis can stem from a range of factors including the failure to correctly examine and interpret radiological images, failures to arrange for the basis assessments to be conducted when a person presents with their symptoms and medical history, and subsequent failure to organise follow up appointments to investigate the matter further. However, the question to ask is given all of the diagnostic tools available to modern medicine, including imaging technology (x-rays, CT scans, PET scans, MRI scans), blood tests, minimally invasive surgical techniques, biopsies, how can it be possible to misdiagnose on such a scale?

I’m worried – is there anyone I can contact directly?

As more details emerge of failure within the Irish health system regarding cervical screening misdiagnosis the HSE and the Department of Health are trying to get a full picture as to exactly how events led to the legal settlement reached with Vicky Phelan in April 2018. With mistaken all-clear results, a dedicated helpline [PH: 1800 45 45 55 9am – 6pm] is being flooded with phone calls from women seeking reassurance, solutions and answers. The latest figures released reveal that at least 1,500 cervical cancer cases were not audited.

Who made the decision not to inform women regarding their test results?

The questions that are prominent right now are – who made the decision not to inform women regarding their test results and in turn what are the ramifications of such a decision. The Government is now trying to establish correct and clear information about the events that have unfolded. Thus far, the clinical director of Cervical Check has resigned. Questions are arising as to why was the service outsourced to an American company ten years ago. Public confidence in Cervical Check has been shaken as a result of non-disclosure of false negative test results with possibly affected patient numbers rising still. It cannot be disputed that false negatives and false positives are inherent in healthcare systems worldwide. However, it is how these are addressed and dealt with which can minimize the effects. With double reading of slides, repeat screenings, and an ongoing quality control benchmarking system for testing laboratories, surely the risk of what has happened within our cervical screening services can be reduced if not minimized completely.

It is without doubt that cervical screening is vital and is the most effective way to allow for a woman to reduce the risk of cervical cancer. However what has been learned is that open disclosure is vital for the safeguarding of patients. Patients should be informed as soon as possible of any issues regarding test results, any errors associated with the management of their case and any possible changes in their diagnosis. Open disclosure is specifically outlined in the Medical Council’s Code of Ethics. Calls are being made for a formal assessment of the efficacy of the National Cancer Screening Service on foot of the Cervical Check scandal.

What is the Government proposing To Do?

On Monday 30th April 2018, the Taoiseach stated that there will be an enquiry into the failures of the screening system and how the women under their care were treated. In light of the revelations, an Taoiseach Leo Varadkar has also announced that a redress scheme for women affected by Cervical Cancer Misdiagnosis will be put in place. Mr Varadkar told the Dáil that an international cytology review will be carried out of all women, believed to be about 3,000, who were diagnosed with cervical cancer in Ireland since 2008. The review will be organised by the Royal College of Obstetricians & Gynaecologists and it is hoped that it will be completed by the end of May 2018. The Cervical Cancer Redress Scheme will examine if there has been a breach of duty to women affected.

Have any other cancer screening programs been affected?

A formal investigation is unlikely to come in the form of a commission of investigation but HIQA is being called upon to carry out a statutory enquiry. The independent investigation into the Cervical Check Screening programme is to examine whether there may be implications for other cancer screening programmes, including BowelScreen and BreastCheck.

What should I do now?

Our advise is simple – if you, or anyone connected to you, feel that they have may be impacted by this scandal,

  1. Log onto https://www.cervicalcheck.ie/ and the information contained therein will answer a number of the questions you have and there is a helpful question and answer section;
  2. If you have any further questions, or need to arrange a smear test – ring the Cervical Check Helpline PH: 1800 45 45 55 9am – 6pm;
  3. If you or a family member have been affected by a Cervical Cancer Misdiagnosis talk to a member of our medical negligence team who can advise you further on the legal options available to you.

If you need help or advice on what to do, there are several ways of getting in touch with us. You can call us on 01 903 6250 to discuss your query, or if you prefer to contact us online you can email us on info@gary.ie or complete our Start Your Claim form.

Specialist Medical Negligence Claims

Although our firm deals with all types of Medical Injury, we have particular experience in the following Medical Negligence Claims:

  • Women and child’s health claims (gynaecology and obstetrics)
  • Birth Injury Claims
  • Cardiology
  • Claims resulting from cancer misdiagnosis/treatment
  • Plastic/cosmetic surgery gone wrong
  • Claims for delayed diagnosis or misdiagnosis
  • Orthopaedics, trauma and amputation cases
  • Spinal injury compensation claims
  • Head /brain injury claims
  • MRSA/C-Difficile/hospital infection/superbug claims
  • Surgical mistakes
  • Ophthalmic and Laser Eye Surgery
  • Keyhole surgery claims
  • GP errors
  • Dental negligence claims
  • Cerebral palsy cases
  • Erbs palsy claims
  • Nursing and care home claims
  • Medical negligence compensation claims for military personnel ( including Army and Navy claims

We will obtain a copy of ALL your medical notes and records, assist you in drafting a detailed statement of the history of the medical accident and arrange an appointment for you to see a specialist medical negligence barrister to discuss your case generally.

Only after this meeting, will you then be in a position to make a clear decision as to whether or not to proceed with your case. 

Who can claim and why?

You can file the medical negligence claim for injuries and losses due to misdiagnosis, late diagnosis, inadequate treatment, careless treatment, incorrect treatment and serious surgical errors.
Depending on your personal injury case, you can file a claim for pain and suffering, loss of amenity, medical expenses, loss of earnings and the cost of care, housing and social needs, for now and into the future. In a case of medical negligence, if it is suspected that the professional duty of care was not fulfilled, the patient has the legal right to file a medical negligence claim against the offending party.

How we can help?

It is obvious that getting professional legal advice regarding potential medical negligence claim should be the first step toward protecting the legal rights of a patient. Such claim will require retaining a personal injury lawyer since only a trained solicitor will be knowledgeable in the various areas of law that will arise over the course of medical negligence claims.
If you believe you have a personal injury case due to medical negligence (you have been harmed while undergoing surgery or receiving medical care) you may be entitled to make a claim. Call Gary Matthews Solicitors to discuss how we can help you with your medical negligence claim.

If you need help or advice on what to do, there are several ways of getting in touch with us. You can call us on 01 903 6250 to discuss your query, or if you prefer to contact us online you can email us on info@gary.ie or complete our Start Your Claim form.

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