Abstract
Medical errors injure or kill thousands of patients in Canada each year. This paper considers how the Canadian justice system traditionally dealt with these harms, then explores recent developments and possibilities for a restorative approach to respond to health care harms and patient concerns. In the early twentieth century, physicians formed a mutual defense organization, the Canadian Medical Protective Association. The Association traditionally responded to allegations of malpractice by ferociously fighting against patients inside and outside the courtroom. Outside the courtroom, physicians treated patients as adversaries and sought to smear their reputations. Inside the courtroom, the Canadian Medical Protective Association hired elite lawyers to defend doctors and selected test cases to establish doctor-friendly case law. These tactics led to complaints that the justice system failed to address the concerns of many patients and their families about poor treatment. A related concern is that these legal responses undermine efforts to reveal and address related systemic and system failures. In response to these significant concerns with adversarial justice processes, early efforts are now underway to consider the potential for a restorative justice response to cases of health care harm. These efforts have confronted challenges related to the historical developments that have shaped malpractice, including the role of the Canadian Medical Protective Association.
Presenters
Blake BrownProfessor, History, Saint Mary's University, Nova Scotia, Canada Jennifer Llewellyn
Professor & Chair in Restorative Justice, Restorative Research, Innovation and Education Lab, Schulich School of Law, Dalhousie University, Nova Scotia, Canada
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Public Health Policies and Practices
KEYWORDS
Law and Medicine, Malpractice, Negligence, Justice, Health Organizations, Professional Responsibility
