Restorative justice can lead to more positive outcomes for all who find themselves involved in medical negligence cases
In most countries, litigation is the go-to system adopted for seeking compensation for those who have suffered from the acts and omissions of medical practitioners. But the traditional civil adversarial system has failed to meet the needs of those who have suffered from medical negligence. This system is often crippled with bureaucracy and delayed justice systems for those involved, often leading to emotional harm and sometimes mental distress.
The adversarial system is generally experienced as an assault on a physician’s competence and integrity. It can damage medical practitioners’ perception of themselves and inner security. At the same time, the length of litigation for the plaintiff is typically lengthy in Ireland. Plaintiffs have to relive the event which caused the damage or injury, while they engage with proceedings, pleadings, expert evaluations and examination by medical experts.
Restorative justice can prevent the re-traumatisation that victims experience through the adversarial process. It is a voluntary process through which patients, medical practitioners and others affected by the harm caused are enabled to participate actively in the justice process. Restorative justice offers both victims and medical practitioners and their family members an opportunity to talk about their experience and to make good the harm done.
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