When the Health Service Executive (HSE) issues a public apology for failings in cervical screening, the reverberations extend far beyond the courtroom. The story of Leona Macken, a 38-year-old mother of two, demands our attention—not as a footnote, but as a call for transparency, accountability, and reform in Ireland’s healthcare system. This blog explores what her case reveals about medical negligence, the importance of effective screening, and how affected individuals can seek justice and support.
Understanding the Leona Macken Case
Leona Macken’s experience is a heartbreaking reminder of what is at stake when medical systems fail. Diagnosed with advanced cervical cancer in 2023, Ms Macken had previously received two negative smear test results—in 2016 and 2020. These results, she claims, were incorrectly reported, allowing the cancer to develop unnoticed and untreated for years. By the time her diagnosis arrived, her options were severely limited, and her prognosis had grown dire.
After bringing a High Court action against the HSE and the National Screening Service, Ms Macken received an apology in court. The letter read on behalf of the HSE recognised “failings that have occurred and led to your diagnosis” and acknowledged the challenges faced by her and her family as a result. Although the settlement brings some closure, Ms Macken’s fight “since 2023” underscores systemic issues in the CervicalCheck screening programme.
What Went Wrong in Cervical Screening
To trust in screening is to believe in the safety net it claims to provide. For Ms Macken, that net failed. Her case is not an isolated incident. Recent years have seen several high-profile cases, like that of the late Vicky Phelan, exposing lapses in cervical screening across Ireland.
Key details of Leona Macken’s case
- False Negative Smear Tests
Ms Macken’s cervical smears in 2016 and 2020 were reported as negative. However, neither test correctly identified changes that could have signalled early cancerous or pre-cancerous conditions.
- Missed Opportunities for Intervention
Her cancer was left to develop undetected, robbing her of earlier and more effective treatment. Her counsel poignantly described this as “what should have been stopped in its tracks was not.”
- Systemic Oversight Failures
It was claimed in court that oversight within the CervicalCheck programme was inadequate and that there was a lack of due attention to women developing cervical cancer despite clear smear records.
Ms Macken’s words outside court echoed the frustration and fear experienced by many Irish women relying on the integrity of national screening programmes. She said, “We are told to trust the process. Something is not working in the system. Something needs to be fixed.”
The Impact of Medical Negligence
Medical negligence is more than a legal term; it is an experience that can reshape the course of entire families’ lives. When a patient receives a delayed diagnosis or incorrect test result, the consequences can be devastating. For individuals like Leona Macken, these consequences include lost years, diminished treatment options, personal suffering, and emotional tolls on loved ones.
Common forms of medical negligence in screening programmes
- Misreading or misreporting test results
Trained professionals are tasked with spotting vital signs of disease. An error in reading a smear can allow cancer to go unchecked.
- Procedural or oversight errors
When a screening programme does not review or escalate concerns, patterns of failure can persist.
- Failure to communicate risks or options
Patients may not receive information about test accuracy or the potential for false negatives, limiting their ability to make informed decisions.
It’s crucial to know that not every adverse outcome qualifies as negligence. However, where standards fall unacceptably short, the path to accountability and rightful compensation becomes essential, not only for individuals affected but also for public confidence in healthcare.
Legal Recourse for Victims of Medical Negligence
If you or a loved one has experienced a failure in screening, you may be feeling overwhelmed and unsure of how to proceed. Understanding your legal rights and options is the first step toward justice and, where possible, some level of closure.
What is medical negligence?
Medical negligence, or clinical negligence, means that a healthcare professional or body provided substandard care that directly caused injury or worsened a condition. To succeed in a negligence claim, it must be established that another equally qualified professional would not have made the same error under similar circumstances.
How do I know if I have a claim?
- Your condition was made worse because of delayed, incorrect, or inadequate care.
- Medical records or independent reviews indicate that a reasonable standard of care was not met.
- You experienced pain, loss of earnings, further medical costs, or psychological harm as a result.
Steps to making a claim
- Contact a specialist solicitor
Experienced firms like HOMS Assist offer free initial consultations to review your circumstances and guide you forward.
- Gather your records
Medical records will be reviewed carefully, often with the help of independent medical experts, to assess whether the care provided fell below accepted standards.
- Pursue legal action if appropriate
If negligence is found, legal proceedings (usually against the HSE or service provider) may be launched, seeking compensation for damages, expenses, and emotional distress.
Legal action cannot undo the harm, but it can unlock financial security, recognition, and, crucially, systemic improvements that help prevent the same mistakes recurring.
How Systemic Change Can Be Achieved
One positive outcome of landmark legal cases is their power to influence broader change. Leona Macken’s case, alongside those of Vicky Phelan and others, has forced the HSE and government to confront shortcomings in CervicalCheck and other national screening programmes. The need for:
- Transparent reporting of all adverse incidents
- Robust oversight and regular auditing of screening results
- Swift implementation of independent reviews and recommendations
- Proactive patient communication regarding risks and results
These are not just procedural upgrades; they are ethical imperatives. Ms Macken’s story is a prompt for every government and healthcare provider in the country to strengthen safeguards, listen to those failed by the system, and ensure such tragedies are never repeated.
How Supportive Legal Guidance Makes a Difference
Legal claims are as much about empathy and support as they are about argument and compensation. Clients approaching firms often feel vulnerable, distrustful, and emotionally raw. This is why it is so important to work with legal professionals who combine technical expertise with genuine kindness and understanding.
What HOMS Assist Offers
- 55 years in business with award-winning experience in medical negligence law
- A team focused on empathetic guidance and clear communication at every stage
- A track record of securing successful outcomes for victims of medical failings
Through every step—from initial consultations to gathering expert evidence, to supporting clients through emotionally draining processes—firms like HOMS Assist bring both authority and comfort where it is needed most.
If you are unsure whether your experience may qualify as medical negligence, their team can help clarify your options, explain the process, and ensure your voice is heard.
Pursuing Accountability and Better Outcomes
While no apology or compensation can fully right the wrong endured by Leona Macken and her family, public acknowledgment from the HSE is an important marker in the long road towards better patient protection and equitable justice.
If you have questions about cervical screening, are concerned about the accuracy of your results, or wish to discuss a possible medical negligence claim, do not hesitate to reach out. Remember that seeking help promptly is vital, as time limits apply to pursuing medical negligence claims in Ireland.
