Portiuncula University Hospital has apologised to the family of a woman who died from cervical cancer and acknowledged that there was a missed opportunity to diagnose her illness earlier, which ultimately led to her death.
Maria Fitzpatrick, 38, of Collinstown in Co Westmeath, died from cervical cancer complications on 13 March 2009 at St Luke's Hospital in Dublin.
She left behind her husband, Kevin Fitzpatrick and their four children.
"We are sorry this occurred. We understand that this statement cannot change or negate your loss, but we wish to convey our deepest sympathies" the statement from Portiuncula University Hospital said, which was read out in court.
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Two of Ms Fitzpatrick's smear tests in 2004 and in 2005 were misreported, the court heard.
Senior Counsel Liam Reidy said that if Ms Fitzpatrick had been referred for further investigations, it was possible that she could have been cured of an early stage of cancer and that "she would be alive today".
The court heard that Kevin Fitzpatrick investigated the circumstances surrounding his wife's death following the publicity of the late Vicky Phelan's case.
Ms Fitzpatrick's family were in court for the apology, including her husband and her three surviving sons.
Mr Fitzpatrick told the court that today brings closure but doesn't bring life back, or "doesn't bring back mother to their little kids".
The settlement figure was not disclosed in court.
In September 2004, Ms Fitzpatrick attended her GP for a routine smear test and analysis was sent to Portiuncula Hospital.
Two months later, a repeat smear was recommended by the hospital as abnormal cells were present.
The family's legal team had argued that there was a clear breach of duty in the reporting of this slide as the sample was adequate for a referral to colposcopy, according to court documents.
A repeat smear was taken in March 2005 which showed a negative result.
However, it was claimed that "on the balance of probabilities" a referral for further investigation "would have led to the detection of cervical cancer," said the documents.
In 2006, Ms Fitzpatrick attended the GP with abnormal bleeding and she was referred to Midlands Regional Hospital in Mullingar, where she was seen in February 2007.
She was later diagnosed with stage 4 terminal cancer.
Ms Fitzpatrick died in March 2009 at St Luke's Hospital, Rathgar in Dublin.
The court heard that if Ms Fitzpatrick had been referred sooner for investigations such as a colposcopy that this would have led to the detection of cervical cancer.
In a statement, the Fitzpatrick family said that they also wanted to remember their son and brother, Darren, who was described as a "real mammy's boy". They said Darren struggled after his mother's death and died by suicide nine years later.
They said that Ms Fitzpatrick's loss left a profound absence and raised painful questions about the responsibility, safety and duty of care owed to every patient.
"We carry Maria and Darren's memory forward by continuing to stand for truth, for safe medical practice and for systems that ensure preventable tragedies are not repeated," the statement said.
"It is our fervent wish that no other family is forced to pursue the same legal route that we have endured, that lessons.
Mr Justice Paul Coffey said heart felt sympathies for what he said was a "double tragedy" for the family.
