THE HEALTH Service Executive has made a court apology to Rebecca O’Malley over the misdiagnosis of her breast cancer seven years ago.
The apology was read out in the High Court as part of a settlement with Ms O’Malley, whose case was the catalyst for a wider investigation of misdiagnosis incidents after it emerged in May 2007.
In the statement, read by Pat Hanratty SC, for the HSE, the agency acknowledged it was at fault for the misdiagnosis of Ms O’Malley’s breast cancer in March 2005, and admitted full liability.
“The HSE, their servants and agents also sincerely apologises to Rebecca O’Malley, her husband Tony and their children for the continuing impact which the misdiagnosis of Mrs O’Malley has had on her and her family,” the statement continued.
Neither side disclosed the amount of the settlement, which was subject to a confidentiality agreement.
Ms Justice Mary Irvine said it was marvellous that the proceedings were settled through mediation, the first time this has happened in a case of this kind.
Ms O’Malley said: “The fact that the HSE refused to acknowledge that the 14-month delay in diagnosis and the commencement in my treatment had made any difference to me is what drove me to pursue legal action.
“Their negligence has caused my family and myself so much pain and distress and I really needed that to be acknowledged by them.
“I wanted them to fully accept what they have done to me and my family, and I wanted them to make some gesture of recompense and provide a meaningful apology.”
She called for a more humane and caring way for dispensing justice to those harmed by medical error, describing the present system as “uncaring, hugely expensive, stressful and time-consuming”.
“It harms the patient at least twice over. Many patients who survive medical errors will not have sufficient strength or stamina to take on the might of a major public body with their seemingly endless resources.” Ms O’Malley said the HSE’s apology was a positive sign that the State might be changing its approach.
“They have a long way to go on that journey, but nevertheless I wish them well.”
Her troubles began when she attended a GP in March 2005 and an abnormality in her left breast was noticed. She was referred to the Mid Western Regional Hospital in Limerick.
There she had a mammogram and ultrasound and both were reported as normal. A biopsy was taken and sent to a laboratory at Cork University Hospital for analysis.
A month later, she was told the results of the biopsy had come back as normal. However, after she attended her GP again in 2006 she was referred back to Limerick. Further biopsies were carried out and in June 2006 she was told invasive cancer was present. Later that month, she had a mastectomy in London. Subsequently, she sought information as to why her diagnosis was missed and was told that the original sample showed evidence of malignancy.
She went public after the hospitals involved failed to give assurances she sought on an independent inquiry.
The resulting controversy led to an investigation by the Health Information and Quality Authority, which found that a locum consultant pathologist at Cork University Hospital had wrongly reported that her biopsy was benign.
The report found that the error might have been picked up at her local hospital in Limerick had proper procedures been in place there.
Ms O’Malley, a mother of three, lived in Ballina, Co Tipperary, when her misdiagnosis came to light. She has since moved to England.