Abstract
Current responses to medical negligence insufficiently consider the broader needs of affected stakeholders. We argue that responses to medical negligence should adopt a restorative justice frame. This article recounts the experience of our daughter’s avoidable suffering and subsequent death in the healthcare system. Our experience as victims of medical negligence, and the broader literature on restorative justice, responsive regulation and health care, suggest that non-adversarial alternatives will better address the needs of victims and encourage a restoration in healthcare relationships.
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