Project Idea: Restorative Justice Models in the Standoff Between American Trial Lawyer's Guild and the AMA

Grassroots strategic intervention - An opportunity exists to create a community centered body of practice, a "moral and knowledge high ground", around a recognition that not all harm ... especially the harm resulting from medical errors ... can be compensated financially. And that there are other valuable compensations including apology - to acknowledge the harm, transparency - to restore trust, compassionate and effective preventative action - for the continuing harm being created for the victim and others. Effective models of such a body of practice already exist in the restorative justice movement. Existing practices, principles, practitioners and thought leaders are available.

Link to: Restorative Justice Description,Philosophy, Issues, and Practices

Because restorative justice practices support common interests there is an opportunity for adversaries like the American Trial Lawyers Guild and the American Medical Association to get on the same page and support the care and restoration that is possible beyond the current fight over the right to and size of financial compensation for preventable medical errors.

Some primary points of rationale and recognition ...

1) Compassion and care are universal human attributes (though practiced unevenly)
2) Compassion and care move people to prevent harm and the suffering that results
3) Loss of assets, especially life, liberty, or persuit of happiness (or parts thereof) represent harms that cause pain and suffering.
4)A prime goal of a justice system is to make victims whole after harm - to restore the lost assets to eliminate the pain and suffering.
5) Not all harm is reversable. Not all assets are restorable.
6) Alternative compensation is an established fundamental moral principle and just entitlement that can reduce pain and suffering.
7) Not all harm can not be compensated financially and financial compensation is not the only valuable compensation.
8) Non-financially compensable harm must be made whole by other means
9) Generic, community based processes for restoring non-compensable harm exist

This is fundamentally an issue of care, restorative action, and connection

Opportunity exists for proponants of several social technologies that support care, restoration, connection to provide a coherent offering way forward to the healthcare community to mitigate its disputes to support the reduction of harm.

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restorative justice

This one really resonates for me Jack.

The idea of valuable other compensations is along the lines of changing the units always used in certain transactions, relationships, etc....  So, to have new ones like:

apology

transparency

compassionate & effective, preventative action

These are fantastic, and I am looking forward to discovering other units of exchange.

 

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