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4. Mary Tumelty

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Biography

Her work has been funded by the Royal Irish Academy, the Irish Research Council, and the National Forum for the Enhancement of Teaching and Learning in Higher Education. She has also collaborated on projects funded by the Economic and Social Research Council, and COST (European Cooperation in Science and Technology).

In 2019, Dr Tumelty was appointed to the Health and Social Care Professionals Council (CORU) (Ireland's multi-profession health regulator) by the Minister for Health. She is also a member of the Health Research Consent Declaration Committee (HRCDC) (appointed by the Minister for Health in January 2021).

My primary research focus is interdisciplinary in nature, examining the interaction of the law with the practice of medicine. My research explores responses to medical error: civil, criminal, and regulatory; and the impact of these processes from the perspective of the healthcare practitioner and the patient. In the context of alternative dispute resolution, my primary research focus is in the area of mediation in healthcare settings. A lot of my work is empirical in nature, allowing me to interrogate the gap between theory and practice.

I welcome PhD proposals from students interested in undertaking a PhD in one of my areas of interest, for example, medical law or alternative dispute resolution.‍

Research Interests

Medical Law; Patient Safety; Law of Torts; ADR; Empirical Legal Research.

Research Grants

	Project	Funding Body	Start Date	End Date	Award
	Conceptualising a new mediation model for the resolution of clinical negligence claims	Royal Irish Academy	13-FEB-23	29-NOV-23	€2,290.00
	Public Health, Ethics and Law Research Network (PHELN)	Economic & Social Research Council (UK)	01-DEC-20	23-NOV-22	€16,000.00
	Experiential learning for dispute resolution: Developing a curriculum for alternative dispute resolution (ADR) skills, theory, and practice.	National Forum for the Enhancement of Teaching and Learning in Higher Education	01-JAN-20	30-SEP-21	€27,206.00
	SATLE 2020	Higher Education authority	01-SEP-21	30-MAY-22	€16,650.00
	National Forum for Teaching	Higher Education authority	01-JAN-20	30-SEP-21	€13,789.00
	Criminal Responsiility for Medical Error	Irish Research Council	01-MAY-19	31-JAN-22	€4,995.00

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Publications

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Peer Reviewed Journals

	Year	Publication
	(2024)	'‘The impact of the current medico-legal and regulatory culture in Ireland on the decision of graduate entry medical school students to pursue a career in obstetrics and gynecology’' Tumelty, ME, Spain, E, Cheema, A, Cinnamond, K, Hannigan, A, Sharma, S, Cotter, A (2024) '‘The impact of the current medico-legal and regulatory culture in Ireland on the decision of graduate entry medical school students to pursue a career in obstetrics and gynecology’'. European Journal of Obstetrics & Gynecology and Reproductive Biology, 303   [Details]
	(2023)	'Factors impacting on the decision of graduate entry medical school students to pursue a career in obstetrics and gynecology in Ireland' Spain E;Tumelty ME;Hannigan A;Cinnamond K;Cheema A;Cotter A; (2023) 'Factors impacting on the decision of graduate entry medical school students to pursue a career in obstetrics and gynecology in Ireland'. Bmc Medical Education, 23 (1) [DOI] [Details]
	(2023)	'‘Delay and settlement: the disposition of medical negligence claims in Ireland’' Tumelty, ME (2023) '‘Delay and settlement: the disposition of medical negligence claims in Ireland’'. International Journal of Law in Context, 19 (4)   [DOI] [Details]
	(2023)	'How different countries respond to adverse events whilst patients' rights are protected' Gil-Hernández E;Carrillo I;Tumelty ME;Srulovici E;Vanhaecht K;Wallis KA;Giraldo P;Astier-Peña MP;Panella M;Guerra-Paiva S;Buttigieg S;Seys D;Strametz R;Mora AU;Mira JJ; (2023) 'How different countries respond to adverse events whilst patients' rights are protected'. Medicine Science And The Law, [DOI] [Details]
	(2023)	'Promoting solidarity in contested political spaces and public health emergencies: examining Covid-19 vaccination on the island of Ireland' O'Neill, C, Farrell, AM, Donnelly, M, Tumelty, ME (2023) 'Promoting solidarity in contested political spaces and public health emergencies: examining Covid-19 vaccination on the island of Ireland'. Northern Ireland Legal Quarterly, 74 [DOI] [Details]
	(2022)	'Plaintiff Aims in Medical Negligence Disputes: Limitations of an Adversarial System' Tumelty, ME (2022) 'Plaintiff Aims in Medical Negligence Disputes: Limitations of an Adversarial System'. Medical Law Review, [DOI] [Details]
	(2022)	'COVID-19 Vaccination and Legal Preparedness: Lessons from Ireland' Tumelty, ME, Farrell, AM, Donnelly, M, and O'Neill, C (2022) 'COVID-19 Vaccination and Legal Preparedness: Lessons from Ireland'. European journal of health law, 29 [DOI] [Details]
	(2021)	'Open Disclosure in Ireland: Legal Framework, Policy Considerations, and the Argument for a Unified Approach' Tumelty, ME (2021) 'Open Disclosure in Ireland: Legal Framework, Policy Considerations, and the Argument for a Unified Approach'. Medico-Legal Journal of Ireland, 27 (2) [Details]
	(2021)	''Exploring the emotional burdens and impact of medical negligence litigation on the plaintiff and medical practitioner: insights from Ireland'' Tumelty, ME (2021) ''Exploring the emotional burdens and impact of medical negligence litigation on the plaintiff and medical practitioner: insights from Ireland''. Legal Studies, :1-24 [DOI] [Details]
	(2021)	'Criminal responsibility for medical injury: A helpful or harmful mechanism for patient safety?' Tumelty, ME (2021) 'Criminal responsibility for medical injury: A helpful or harmful mechanism for patient safety?'. Medical law international, 21 (4) [DOI] [Details]
	(2021)	'Gross negligence ‘medical’ manslaughter in Ireland: Legal context and clinician concerns' Tumelty, ME, and Spain, E (2021) 'Gross negligence ‘medical’ manslaughter in Ireland: Legal context and clinician concerns'. Medical law international,   [DOI] [Details]
	(2021)	'An Exploratory Study of the Impact of the Medico-Legal Environment on Surgical Practice in Ireland' Tumelty, ME, Cinnamond, K, Hannigan, A, Tierney, S, and Spain, E. (2021) 'An Exploratory Study of the Impact of the Medico-Legal Environment on Surgical Practice in Ireland'. European journal of health law, 28   [DOI] [Full Text] [Details]
	(2020)	'An international perspective on definitions and terminology used to describe serious reportable patient safety incidents: A systematic review' Hegarty, Josephine; Flaherty, Sarah Jane; Saab, Mohamad M.; Goodwin, John; Walshe, Nuala; Wills, Teresa; McCarthy, Vera J. C.; Murphy, Siobhan; Cutliffe, Alana; Meehan, Elaine; Landers, Ciara; Lehane, Elaine; Lane, Aoife; Landers, Margaret; Kilty, Caroline; Madden, Deirdre; Tumelty, Mary; Naughton, Corina (2020) 'An international perspective on definitions and terminology used to describe serious reportable patient safety incidents: A systematic review'. Journal of Patient Safety, 17 (8):1-8 [DOI] [Full Text] [Details]
	(2020)	'Medical Negligence Litigation and Apologies: An Empirical Examination' Tumelty, ME (2020) 'Medical Negligence Litigation and Apologies: An Empirical Examination'. European journal of health law, 27 (4) [DOI] [Details]
	(2019)	''Open Disclosure of Patient Safety Incidents: Legislative Developments in Ireland'' Madden, D and Tumelty, ME (2019) ''Open Disclosure of Patient Safety Incidents: Legislative Developments in Ireland''. Medico-Legal Journal of Ireland, 25 (2) [Details]
	(2018)	'The Second Victim: A Contested Term?' Tumelty ME; (2018) 'The Second Victim: A Contested Term?'. Journal of Patient Safety, [DOI] [Full Text] [Details]
	(2018)	'Periodic Payment Orders: A Step Closer to Reform of the Current Dynamic of Medical Negligence Litigation?' Tumelty, ME (2018) 'Periodic Payment Orders: A Step Closer to Reform of the Current Dynamic of Medical Negligence Litigation?'. Medico-Legal Journal of Ireland, 24 (2) [Details]
	(2018)	''Calculating the Cost of Medical Negligence Litigation'' Tumelty, ME (2018) ''Calculating the Cost of Medical Negligence Litigation''. Medico-Legal Journal of Ireland, 24 (1) [DOI] [Details]
	(2017)	''Doctors, Death, and the Irish Criminal Law: Examining the Case for Reform'' Tumelty, ME (2017) ''Doctors, Death, and the Irish Criminal Law: Examining the Case for Reform''. Irish Criminal Law Journal, 27 (4) [Details]
	(2017)	''Book Review: Legal Research Methods - Principles and Practicalities'' Tumelty, ME (2017) ''Book Review: Legal Research Methods - Principles and Practicalities''. The Irish Jurist, 57 [Details]
	(2017)	''The art of money laundering: Insights from Ireland on this hidden currency'' O'Connor, R, and Tumelty, ME (2017) ''The art of money laundering: Insights from Ireland on this hidden currency''. Commercial Law Practitioner, 24 (3) [Details]
	(2017)	''Directors duties under the Companies Act 2014'' Eaton, S, and Tumelty, ME (2017) ''Directors duties under the Companies Act 2014''. Commercial Law Practitioner, 24 (6) [Details]

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Book Chapters

	Year	Publication
	(2019)	'Mixed Methods Inquiry in Law: Exploring the Temporal Burdens of Medical Negligence Litigation' Tumelty, ME (2019) 'Mixed Methods Inquiry in Law: Exploring the Temporal Burdens of Medical Negligence Litigation' In: Laura Cahillane and Jennifer Schweppe (eds). Case Studies in Legal Research Methodologies: Reflections on Theory and Practice. Ireland: Clarus Press. [Details]

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Published Reports

	Year	Publication
	(2022)	The Management of COVID-19 in Care Homes in Ireland and England: Ethical and Legal Issues in a Time of Pandemic. Tumelty, ME, O'Neill, C, Donnelly, M, Farrell, AM, Frowde, R, Pentony, L (2022) The Management of COVID-19 in Care Homes in Ireland and England: Ethical and Legal Issues in a Time of Pandemic. University of Edinburgh, Edinburgh.   [Details]
	(2021)	COVID-19 Vaccination in the UK and Ireland: Ethics in Practice (PHELN Workshop Paper No. 1, June 2021). Ó Néill, C, Tumelty, ME, Farrell, AM, Donnelly, M, Frowde, R, Pentony, L (2021) COVID-19 Vaccination in the UK and Ireland: Ethics in Practice (PHELN Workshop Paper No. 1, June 2021). PHELN, PHELN.   [Details]
	(2019)	The collection, collation and reporting of data pertaining to serious patient safety incidents: an international perspective. Hegarty J, Flaherty SJ, Saab M, Goodwin J, Walsh N, Wills T, McCarthy V, Murphy S, Cutliffe A, Lehane E, Lane A, Landers M, Kilty C, McCarthy J, Madden D, Tumelty M, Naughton C (2019) The collection, collation and reporting of data pertaining to serious patient safety incidents: an international perspective. A Report for the Department of Health, Dublin, Ireland, Cork. [Details]

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Blog

	Year	Publication
	(2021)	COVID-19 Vaccination, Preparedness, and the Case for Vaccine Injury Redress. Tumelty, ME, Farrell, AM, Donnelly, M, and O'Neill, C (2021) COVID-19 Vaccination, Preparedness, and the Case for Vaccine Injury Redress. Blog   [Details]

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Newspaper Articles

	Year	Publication
	(2021)	Medical negligence cases 'excruciating' and expensive for patients. Baker, N (2021) Medical negligence cases 'excruciating' and expensive for patients. Newspaper Articles   [Details]
	(2018)	'Mediation process still has a long way to go'. Tumelty, ME (2018) 'Mediation process still has a long way to go'. Newspaper Articles   [Details]
	(2018)	'How periodic payment orders can help medical negligence claimants'. Tumelty, ME (2018) 'How periodic payment orders can help medical negligence claimants'. Newspaper Articles   [Details]
	(2018)	'Why saying sorry doesn't have to be the hardest thing'. Tumelty, ME (2018) 'Why saying sorry doesn't have to be the hardest thing'. Newspaper Articles   [Details]

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Radio Feature

	Year	Publication
	(2020)	Radio interview with Newstalk on serious reportable incidents, broadcast 4th June 2020. Tumelty, ME (2020) Radio interview with Newstalk on serious reportable incidents, broadcast 4th June 2020. Radio Feature [Details]

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Podcast - Media

	Year	Publication
	(2018)	Dr Mary Tumelty discusses some of the findings of the Scally Report and the need for genuine apologies in cases of medical negligence. Tumelty, ME (2018) Dr Mary Tumelty discusses some of the findings of the Scally Report and the need for genuine apologies in cases of medical negligence. Podcast - Media   [Details]

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Professional Activities

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Professional Associations

	Association	Function	From / To
	Irish Association of Law Teachers	Member	/
	Irish Professional Mediators Organisation	Member	/
	Society of Legal Scholars	Member	/

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Conference Contributions

	Year	Publication
	(2022)	Law and Society Association Annual Conference, Tumelty, ME (2022) Vaccination Programmes: Legal Preparedness in a Pandemic. [Oral Presentation], Law and Society Association Annual Conference, Lisbon, Portugal , 13-JUL-22. [Details]
	(2021)	University of Essex, Health Law Cluster, Tumelty, ME (2021) 'Lawyers, culture, and adversarialism: A critical exploration of medical negligence mediation in Ireland'. [Invited Oral Presentation], University of Essex, Health Law Cluster, University of Essex (Virtual) , 24-FEB-21 - 24-FEB-21. [Details]
	(2021)	Irish Association of Law Teachers, Tumelty, ME, Farrell, AM, Donnelly, M, and O'Neill, C (2021) 'COVID-19 Vaccination and Legal Preparedness: Lessons from Ireland'. [Oral Presentation], Irish Association of Law Teachers, Cork . [Details]
	(2021)	Irish Association of Law Teachers, Tumelty, ME (2021) 'Experiential Learning in Dispute Resolution: Pedagogy in a Pandemic and Implications for Future Practice'. [Oral Presentation], Irish Association of Law Teachers, Cork . [Details]
	(2020)	Patient Safety and Redress, Tumelty, ME (2020) 'Litigation as a source of harm? A medical negligence case study in the Republic of Ireland'. [Invited Lectures (Workshops)], Patient Safety and Redress, Queen's University Belfast . [Details]
	(2019)	Irish Association of Law Teachers, Tumelty, ME (2019) 'Exploring the emotional burdens of medical negligence litigation: Insights from Ireland'. [Oral Presentation], Irish Association of Law Teachers, Limerick, Ireland . [Details]
	(2019)	Law and Society Association Annual Meeting, Tumelty, ME (2019) ‘Lawyers and Medical Negligence Mediation - Perspectives from Ireland'. [Oral Presentation], Law and Society Association Annual Meeting, Washington D.C . [Details]
	(2018)	Irish Association of Law Teachers Annual Conference, Tumelty, ME (2018) 'Understanding plaintiffs aims: time to re-imagine the paradigm of medical negligence litigation?'. [Oral Presentation], Irish Association of Law Teachers Annual Conference, Athlone, Ireland . [Details]
	(2018)	Society of Legal Scholars Annual Conference, Tumelty, ME (2018) 'Exploring the existence, causes, and impact of delay in medical negligence litigation'. [Oral Presentation], Society of Legal Scholars Annual Conference, London, UK . [Details]
	(2017)	International Academy of Law and Mental Health Conference, Tumelty, ME (2017) 'Coping with medical negligence: An analysis of the impact of litigation on healthcare professionals'. [Oral Presentation], International Academy of Law and Mental Health Conference, Prague . [Details]
	(2016)	Irish Association of Law Teachers Annual Conference, Tumelty, ME (2016) 'Medical negligence mediation and the Irish legal profession: An investigation into attitudes and experiences'. [Oral Presentation], Irish Association of Law Teachers Annual Conference, Waterford, Ireland . [Details]
	(2016)	Irish Society of Comparative Law Annual Conference, Tumelty, ME (2016) 'Calculating the true cost of medical negligence litigation: Perspectives from Ireland and the UK'. [Oral Presentation], Irish Society of Comparative Law Annual Conference, Galway, Ireland . [Details]
	(2015)	AHSS Postgraduate COnference, Tumelty, ME (2015) 'Expert witnesses': Role, regulation, and responsibilities'. [Poster Presentation], AHSS Postgraduate COnference, Limerick, Ireland . [Details]
	(2015)	Edinburgh Postgraduate Law Conference, Tumelty, ME (2015) 'Mediation for medical negligence claims: Opportunities and challenges in Ireland'. [Oral Presentation], Edinburgh Postgraduate Law Conference, Edinburgh, UK . [Details]

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Committees

	Committee	Function	From / To
	Health and Social Care Professionals Council	Council Member	2019 /
	Health Research Consent Declaration Committee	Member	2021 /
	A collaborative initiative between the International Agency Research on Cancer (IARC/WHO), the Department of Health in Ireland and Health Service Executive’s National Screening Service to support the delivery of an exemplar Cervical Cancer Screening Programme	Stakeholder Advisory Group Member	2022 / 2022
	The European Researchers' Network Working on Second Victims	Member of the Management Committee	2020 / 2024
	Royal College of Physicians Research Ethics Committee	Member	2021 /
	College of Business and Law Teaching and Learning Committee	Committee Member	2020 /
	School of Law Quality Review Committee	Committee Member	2019 / 2020
	Cork University Press	Member of the editorial sub-committee	2019 /
	Irish Women Lawyers Association	Committee Member	2019 / 2020

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Employment

	Employer	Position	From / To
	University College Cork	Lecturer in Law	15-AUG-18 /
	Graduate Entry Medical School, UL	Postdoctoral Research Fellow	08-JAN-18 / 12-AUG-18

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Education

	Year	Institution	Qualification	Subject
	2020	University College Cork	Postgraduate Diploma in Teaching and Learning in Higher Education	Teaching and Learning in Higher Education
	2020	Program on Negotiation, Harvard Law School	Certificate in Negotiation and Dispute Resolution	Negotiation and Dispute Resolution
	2019	University College Cork	Postgraduate Certificate in Teaching and Learning in Higher Education	Higher Education
	2019	Program on Negotiation, Harvard Law School	Certificate in Advanced Mediation	Advanced Mediation
	2018	University of Limerick	Ph.D	Law
	2014	University of Limerick	LL.B	Law and Irish

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Consultancy

	Client	Description
	Quality and Improvement Division, Health Service Executive (HSE)

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Journal Activities

	Journal	Role	To / From
	Medical Law International	Peer Reviewer	05-FEB-23 -
	Journal Of Patient Safety	Peer Reviewer	28-JAN-18 -

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Other Activities

	Description
	I am currently the external examiner for the Health Law and Ethics LLM at Nottingham Trent University. I also hold an external examining position at the School of Law, University of Edinburgh.
	As Co-I of the PHELN project, I was involved with the organisation of this event. See: https://www.law.ed.ac.uk/research/research-projects/pheln
	As Co-I of the PHELN project, I was involved with the organisation of this event: https://www.law.ed.ac.uk/sites/default/files/2022-06/PHELN_Workshop%20Programme_6%20May%202022.pdf
	In October 2022, I organised a seminar entitled ‘Discussions in Dispute Resolution 2022: Understanding Conflict and Resolving Disputes’, hosted by the School of Law, UCC, in collaboration with the Chartered Institute of Arbitrators, Ireland, and the Irish Professional Mediators Organisation. The event was generously supported by the National Forum for the Enhancement of Teaching and Learning in Higher Education. See:https://www.ucc.ie/en/law/news/school-of-law-ucc-hosts-discussion-in-dispute-resolution-2022-marking...
	In February 2021, I organised a lunchtime webinar series entitled ‘Discussions in Dispute Resolution’, hosted by the School of Law, UCC, in collaboration with the Chartered Institute of Arbitrators, Ireland. The event series was supported by the National Forum for the Enhancement of Teaching and Learning in Higher Education. (https://www.youtube.com/watch?v=CLFCijgVOlI)
	In March 2020, I organised an event which explored the role of alternative dispute resolution (ADR) in resolving disputes, hosted by the School of Law, UCC, in collaboration with the Chartered Institute of Arbitrators, Ireland. This event was well attended by academics, legal and ADR practitioners, and students. It was chaired by Her Honour, Judge Helen Boyle. See: https://www.ucc.ie/en/law/news/alternative-dispute-resolution-on-the-agenda-at-ucc-event.html

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Teaching Activities

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Teaching Interests

From 2020-2022, Mary was the principal investigator of Experiential Learning in ADR and Developing Competencies in Dispute Resolution. These projects were funded by the National Forum for the Enhancement of Teaching and Learning in Higher Education. She is interested in approaches to ADR teaching and learning.‍

Recent Postgraduates

	Graduation Year	Student Name	Institution	Degree Type	Thesis Title
	2019	Gordon Rumley	University College Cork	Masters in Law	"An Analysis of Mediation Information Sessions as a Means of Increasing Uptake of Mediation in Family Law Disputes in Ireland"
	2020	Cynthia Bernard	University College Cork	Masters in Law	"An Examination of the Role of the Online Dispute Resolution Mechanism in Resolving Consumer Disputes in the European Union"
	2021	Khaled Naif A Alqurashi	University College Cork	Masters in Law	"A Critical Analysis and Evaluation of Saudi Arbitration Law of 2012 in Respect of Foreign Investors Expectations"
	2022	Sneha Jheetay	University College Cork	Masters in Law	"The Impact of GDPR Guidelines on Processing Data in Health Research with Special Reference to 'Consent' Under Ireland's Health Research Regulations"
	2022	Kelly McEveney	University College Cork	Masters in Law	"Criminalising International Commercial Surrogacy in Ireland: A Help or a Hindrance to Human Rights?"
	2022	Dauda AbdulGaniyu	University College Cork	Masters in Law	"ADR mechanisms in the Irish Legal System: An Evaluation of the Mediation Process with Reference to the Impact of the Relevant Legal Framework"

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Current Postgraduate Students

	Student	Degree Type
	Murphy Louise Patricia	Doctoral Degree
	Rumley Gordon Kieran	Doctoral Degree