A lawyer representing Emma Mhic Mhathúna has told the High Court that the Health Service Executive is contradicting what has been said by the Taoiseach and the Minister for Health by defending the case taken by his client.
Senior Counsel Patrick Treacy said that Ms Mhic Mhathúna, who is terminally ill following misreading of smear tests taken in the CervicalCheck screening programme, should have been brought in for a mandatory colposcopy following a smear test taken in 2010.
Her legal team discovered only on Monday of this week about the misread slide from 2010.
Ms Mhic Mhathúna had previously been informed of audits on smear tests taken in 2011 and 2013.
Mr Treacy told Mr Justice Kevin Cross that he accepted that the HSE is not the State and that not all cases of misdiagnosis lead to an admission of liability.
However, he said the fact the HSE was still not accepting liability was a source of "genuine torment" to his client and it should have admitted liability to spare Ms Mhic Mhathúna "undue torment".
Patrick Hanratty, for the HSE, said it feels it is being pushed into an admission of liability before it has fully investigated the case and it understands that Ms Mhic Mathúna has not even had time to fully prepare her case.
A hearing of the case was set for Friday 29 June and it was agreed that it would come up for mention on Tuesday 5 June to ensure discovery is proceeding as expected.