Curtailing Covid Casualties, From Hospital Room to Courtroom: An Analysis of Ireland’s Deficient Liability Regime During Public Health Emergencies

Abstract

Abstract This article considers the liability of healthcare professionals during public health crises in Ireland. It argues that Covid-19 has shown that Irish law lacks protective measures for healthcare practitioners who elect to value high-capacity care over best possible treatment to smaller numbers of patients. Such a prohibition, it is contended, has the potential to be fatal to the management of public health emergencies and can lead to defensive clinical practices which serve to slow or halt progress in the provision of emergency healthcare. As such, a broad, accessible and clearly-defined immunity regime limited to periods of crisis is recommended in order to allow for the protection of the practitioner and the provision of healthcare to the masses.