ICEL: 'Making medical professionals compensate emotionally traumatised relatives of the victims of medical negligence'

ICEL: 'Making medical professionals compensate emotionally traumatised relatives of the victims of medical negligence'

We are pleased to announce a very special event by the ICEL Research Group:
'Making medical professionals compensate emotionally traumatised relatives of the victims of medical negligence'

 
Admission is free but we would appreciate prior registration of interest by email to raymond.friel@ul.ie
ICEL Director: Professor Raymond J Friel, School of Law, University of Limerick
Venue: Millstream Common Room
Date: October 12th 2017
Time: 4pm onwards
Services: Light snacks and refreshments will be served. Cost: Free
CPD Points: 1.5 points available on request
 
 
 
This lecture will focus on the very live issue of how tort law and other systems for compensating persons seriously injured by the wrongful actions of others should deal with the very large wake of psychological injuries to loving ones which follow upon that wrongfully caused severe physical harm or death.
 
This presentation will take as its starting points (1) the grief suffered by the parents of baby Caoimhe Mulcair who died shortly after birth at Limerick University Hospital in 2009, which fueled them through a battle of more than five years with the Hospital and Ireland’s Health Service Executive (HSE) before the HSE admitted their child’s death was due to clinical negligence and settled with them for an undisclosed sum; and (2) the report published in the Irish Times the next year (2015) that the HSE had paid about €67 million in compensation for harms improperly related to birthing care in the preceding five years and had spent about €367 million in compensation for all injuries caused in its affiliated hospitals over the preceding decade.
Courts and compensation systems throughout the world, including those in Ireland, have been very reluctant to make compensatory payments to persons emotionally devastated by severe or fatal physical injuries wrongfully caused to their loved ones, even as they have generally willing to make full payment for those physical injuries.  The lecture will present the audience with a brief summary of some of the most common – and a few of the more innovative – approaches which countries have taken when pressed to provide more robust compensation to the psychologically (emotionally) harmed relatives and other lovers of those physically harmed persons.
This lecture will then explore with the audience reasons why one or another of these varied legal approaches to the problem of compensation for the psychologically harmed should be adopted in Ireland, Europe, or other nations.
 
Professor Peter A. Bell
Professor Bell is past-president of the board of directors of the Central New York chapter of the New York Civil Liberties Union. He has served the Association of American Law Schools as a group leader for its national conference on law teaching and, currently, as a member of the Executive Board of its Section on Torts. During the 1987-88 academic year, Professor Bell was a Fulbright Professor of Law at Wuhan University, People’s Republic of China. During the 1995-96 academic year, he served as Distinguished Visiting Professor of Law at Universitas Kristen Satya Wacana in Salatiga, Central Java, Indonesia. His most recent book is Accidental Justice: The Dilemmas of Tort Law (Yale University Press 1997).
 
Professor Bell writes extensively on tort theory, tort law, tort and science, tort recovery for emotional distress, and the significance of tort lawsuits in the area of health care. He teaches Torts, Legislation & Policy (Health Law), and International Trade Law currently, and has co-founded and taught Syracuse’s Law Firm course. He has also taught Family Law, Criminal Law, Evidence, Toxic Torts and seminars in Law and Lawyering and Federal Litigation.