Patient A wins right to sue over misread slides

11.45am

The woman at the centre of the Gisborne cervical cancer inquiry has won the right to sue the pathologist whose misreading of her cervical smear led to her cancer.

The woman, known only as Patient A, has been granted approval by the Privy Council in London to sue retired pathologist Michael Bottrill.

The woman developed cervical cancer after her tests were misread by Dr Bottrill.

The Privy Council released its decision to the woman's lawyer Antonia Fisher in Auckland earlier this week.

Last September Patient A won the right to take her case to the Privy Council after the New Zealand Court of Appeal overturned an earlier High Court decision granting the woman a retrial of her civil claim against Dr Bottrill for exemplary damages.

In overturning the High Court decision, the Court of Appeal ruled there was no evidence that Dr Bottrill had conscious disregard for Patient A.

Patient A developed invasive cancer and had a radical hysterectomy and radiation treatment.

Ms Fisher told the Court of Appeal in September that Patient A was seeking leave to appeal to the Privy Council on the basis that Dr Bottrill's negligence and incompetence were sufficiently serious to justify an award of exemplary damages.

Gisborne women have lodged claims totalling $150,000 -- including $50,000 from Dr Bottrill, $50,000 from the attorney-general (on behalf of the former Health Department and the Health Ministry) and $50,000 from the former Midland Regional Health Authority (which has now been incorporated into the Health Ministry).

- NZPA

Feature: Gisborne Cervical Screening Inquiry

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