Abstract
Medical errors injure or kill thousands of patients in Canada each year. This paper provides a legal and historical analysis that explores the traditional challenges of responding to health care harm and shares recent developments in the potential for a restorative approach to patient safety. 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. These tactics led to complaints that the justice system failed to address the concerns of many patients and their families. In response to these significant concerns with adversarial justice processes, 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 and the structure of tort law and litigation. This study considers the potential for a restorative approach to health care harm and patient safety to contribute to the transformation of justice and health care. It draws on the current research and system innovation work of both presenters. Dr. Brown is currently undertaking a significant research project on the history of medical malpractice in Canada. Building on her previous work in the field, Professor Llewellyn is currently engaged in an initiative aimed at designing and implementing a restorative approach to health care harms and patient safety.
Presenters
Blake BrownProfessor, History, Saint Mary's University, Nova Scotia, Canada Jennifer Llewellyn
Professor and 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
KEYWORDS
Medicine, Law, Malpractice, Policy, History, Restorative Justice, Negligence
