Incorrectly reported results of 3 Pap tests led to Manitoba woman's cervical cancer, lawsuit alleges
Woman sues Dynacare, pathologist for negligence after alleged errors unreported
A Manitoba woman suing a doctor and a diagnostic company says three inaccurate test results led to her diagnosis of stage one cervical cancer, which required treatments that left her infertile.
The woman accuses Dynacare and a Manitoba physician of negligence after she was wrongly told that three Pap tests did not find abnormalities in her cervix, a statement of claim filed at the Manitoba Court of King's Bench on Dec. 13 alleges.
The physician is the pathologist who allegedly examined the woman's cervical tissue samples for two of three Pap tests done between 2014 and 2016, according to the suit. Dynacare was involved with all three tests.
But the woman says she later learned that those tests had actually come back positive for pre-cancerous or cancerous cells, and that one suggested she be tested again within six months. She claims the improper diagnosis and untreated cells resulted in cancer.
The woman says she was diagnosed with stage 1B1 cervical cancer after completing a Pap test in early 2018.
None of the allegations have been proven in court. A statement of defence has not yet been filed.
After her cancer diagnosis, the woman says she underwent fertility-related surgeries that were only available outside of Manitoba. The location of the cancer also required her to undergo radiation therapy, which she says left her infertile.
She alleges that Dynacare and the doctor's negligence deprived her of a timely and accurate diagnosis as well as immediate treatment, which worsened her condition and put her life in danger.
The physician failed to seek an opinion from a second pathologist and did not protect the woman's health, the suit claims, while Dynacare gave her "substandard care" through its employment of inadequately trained staff and lack of a quality assurance system to ensure accurate specimen results.
Woman will 'continue to bear pain': suit
The woman suffered physical, emotional and psychological pain after aggressive cancer treatment left her infertile, as well as a loss of income, the suit says.
She has received and continues to need specialized treatment and care, including out-of-province medical care, as well as fertility counselling and treatments such as surrogacy services.
She's seeking general damages with three per cent interest, saying she will "continue to bear pain, loss of enjoyment and amenities of life."
She's also seeking special damages for all past, present and future out-of-pocket medical and fertility treatment expenses and a loss of homemaking capacity.
A Dynacare spokesperson declined to comment on the lawsuit as the matter is before the courts.