The widower of a woman whose cancer was belatedly diagnosed in hospital has settled a High Court case brought over her death.
The court heard Mary Gilroy, late of Ballytivnan, Sligo, died aged 71 at home in May 2020 after being diagnosed with terminal cancer in January 2019.
Her widower’s barrister, Alistair Rutherdale, told the court the case alleged a “gross delay” between her coming under the care of Sligo University Hospital and her diagnosis.
He said there was also an allegation of initial delay of about seven to eight weeks in her being referred by GPs for further examination. This was denied.
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Her widower, Paul Gilroy, sued the Health Service Executive and two general practitioners, Eamon Murphy and Roisin Brennan, both practising at Market Street Family Practice in Sligo. The case was settled following mediation, with no admission of liability made by the GPs.
The HSE acknowledged there was a delay, on the part of the hospital, between Mrs Gilroy’s referral on April 20th, 2018, and her adenocarcinoma diagnosis in January 2019. It said this delay amounts to a breach of duty. Other claims were denied.
Mr Rutherdale, with Oonah McCrann SC, said a letter of apology from the hospital provided Mr Gilroy and the couple’s two adult sons with “at least a source of some comfort”.
The settlement is for a sum including a €35,000 statutory payment.
Noting the settlement, Mr Justice Paul Coffey extended his deepest sympathy to the family.
In his claim for loss and nervous shock, Mr Gilroy alleged negligence and a breach of duty on the part of the defendants.
His case alleged Mrs Gilroy first attended her GP surgery with symptoms of bleeding and urinary symptoms in late February 2018. She was treated by Dr Murphy for an infection and there was a plan for further testing, the action claimed.
She returned to the practice a few days later, when, it was alleged, Dr Brennan planned for a referral for an ultrasound scan. It was claimed the referral did not occur until April 4th of that year.
The case alleged she had an ultrasound at Kingsbridge hospital which sent a referral letter to Sligo University Hospital on April 24th. Two days later she went back to Dr Brennan when she could not get through to the Sligo hospital gynaecology unit by phone and the GP sent a further letter to the hospital seeking an “urgent” review, it was alleged.
The case claimed she attended the emergency department at the Sligo hospital on June 26th, 2018, and was then seen by the gynaecology registrar. The notes allegedly recorded, among other symptoms, that she had nausea, vomiting, bleeding and weight loss.
Over the following five months, it was alleged, she attended the hospital seven times for various assessments and checks. In early January 2019, a scan allegedly showed a large primary endometrial tumour, separate metastasis and several enlarged pelvic lymph nodes.
Referred to the Mater hospital, a February 20th scan there revealed stage 4 cancer, it was alleged.
The case argued she should have secured a gynaecology appointment within two weeks of referral and should have been diagnosed within 31 days. It alleged she would likely have been diagnosed with stage 2 endometrial cancer, which would have been amenable to treatment, if she was diagnosed by late May 2018.
Instead, it claimed, she did not receive an appointment until about 10 weeks after the GP’s referral letter and the diagnosis came 37 weeks after the initial referral.
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