Judge sets ‘absolute confidence’ as screening threshold

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Judge sets ‘absolute confidence’ as screening threshold
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Morrissey decision sets legal precedent for negligence in screening programmes

A smear taken in 2012 was sent to the Dublin laboratory of MedLab Pathology Ltd, which is owned by an Australian multinational. Again, she was given the all-clear.

The review by MedLab also decided that its sample was “scanty”, meaning there was a “scanty” number of cells on which to base the judgment call. Mr Justice Cross ruled that the screener in 2009 should have spotted “clear peculiarities” that appeared in the Quest sample. He believed the US screeners were using their professional skill and judgment and “recording what they believed as a matter of probability was the case”. He found that this decision constituted negligence.

MedLab has disputed the judge’s finding in relation to the adequacy of the sample and has said it intends to appeal.

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