Constructing Penal Mediation on Medical Malpractice Cases: A Restorative Justice Perspective

摘要

Medical malpractice as another name of medical practice crime suit requires law settlement. The relationship between medics and their patients in a medical malpractice case can be shifted into the relationship between the perpetrator and the victim. This paper enquires about how is the penal mediation construction upon medical malpractice based on restorative justice perspective? Handling medical malpractice with penal mediation can be conducted both inside and outside the court that the construction should be set in the New Criminal Code Concept. Penal mediation theory departs from the idea of legal realism that can be proposed as an alternative treatment of restorative justice perspective. Keywords: medical malpractice, penal mediation, restorative justice.