Reilly urged to look into 'horrific' cases

PATIENT ADVOCACY groups and Opposition parties have called on the Minister for Health to intervene in the cases of two women still waiting for compensation four years after receiving apologies for breast cancer misdiagnoses.

Both women received admissions of negligence from the Health Service Executive and apologies from former minister for health Mary Harney after their diagnoses were delayed because of laboratory errors.

Patient A, a 55-year-old from Tipperary, had her breast cancer diagnosis delayed by 18 months. She lodged a claim for compensation in 2008 and the State Claims Agency lodged its defence in April 2011.

The second woman, who did not want her case identified, said the process involved in the defence of her claim was “hurtful and demeaning” and she has suffered depression as a result.

Yesterday, chief executive of the Irish Patients’ Association Stephen McMahon called on Minister for Health James Reilly to become involved in the “horrific”cases. He said the Minister should quickly call in the clinical indemnity scheme legal advisers and review how the cases were handled. An alternative mediation process should be used when there is an acknowledgement that something went wrong, he said.

“It is adding cost to the health system ultimately if lawyers and solicitors are getting involved,” he said.

Patient Focus said the women’s experiences were “very common”.

“It is Patient Focus’s experience that the State Claims Agency fights each and every point of a case and thereby incurs huge legal costs unnecessarily for both patients and the State,” a spokeswoman said.

Medical negligence cases took “much too long” in Ireland, she added, and there should be a less adversarial redress system for dealing with them.

Billy Kelleher, Fianna Fáil’s health spokesman, said there had to be checks and balances, but in cases such as these when the evidence was clear, “there should be a better system”. He said compensation should be paid promptly to both women.

“It is four years since the former minister issued her apology. I think Minister Reilly must deal with this as quickly, humanely and compassionately as possible.”

Sinn Féin health spokesman Caoimhghín Ó Caoláin said it was incredible the women were still waiting for compensation after receiving apologies from Ms Harney in 2008.

“It is equally incredible that the State Claims Agency only submitted its defence in April 2011 and has taken such an adversarial approach,” he said.

A spokesman for the Department of Health said the Minister had no plans to put a special redress scheme in place for cancer patients. “The State Claims Agency deals with actions taken against the HSE and while the Minister may decide to meet the women in question, he has no role in these proceedings,” the spokesman said.

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