The Newfoundland and Labrador government is scrambling to restore confidence in the provincial health-care system over a controversy involving Eastern Health.

Eastern Health said in December that 763 breast cancer patients who had been given hormone receptor tests since 2005 could expect a 10 per cent error rate. The tests determine what kind of treatment for breast cancer a woman receives. 

On Monday, CBC News revealed that 42 per cent of the test results, involving 317 patients, were wrong. Court documents show that Eastern Health knew in December that the margin of error was higher than was expected.

"I understand and appreciate the dilemma they found themselves in and trying to balance the responsibility of the patients who needed change and the responsibility of protecting the interests of the company in the event of a litigation," Health Minister Ross Wiseman said in legislature.

The disclosure of the 317 inaccurate tests would have been more informative, said Wiseman. But he believes Eastern Health has learned its lesson and improved its hormone receptor testing program.

"And we shouldn't see a repeat of what we saw last year." Wiseman said.

Wiseman said just before the December announcement, a statement of claim and an application for a class action lawsuit were filed on behalf of 40 of the 317 women whose tests results were inaccurate. Eastern Health decided to keep the full information about inaccurate tests quiet on the advice of its lawyers, he said.  

The health of women should have come before any potential lawsuit, said NDP Leader Lorraine Michael.

"I think it's immoral. I think it's unethical. Certainly, my confidence in the system is shaken by it. If I were a woman dealing with breast cancer, I think I would not want to deal with our system here in Newfoundland and Labrador."