Authenticating Restorative Justice: The Legal Standing and Evidentiary Force of Notarial Deeds in Medical Disputes

Abstract

There was ambiguity norms be found in Article 306 paragraph (3) and Article 310 of the Health Law regarding the resolution of medical disputes through restorative justice mechanisms, including the formalization of such resolutions via a notarial deed. Consequently, examining the definition of medical disputes eligible for restorative justice resolution—along with the legal force of the notarial deed formalizing the outcome—were actual issues for analysis through normative legal research. The findings indicate that the misuse of practice licenses, violations of codes of ethics, and/or breaches of healthcare standard operating procedures can give rise to medical disputes in Administrative Law; breaches of therapeutic contracts serve as examples of medical disputes in Civil Law; and instances of negligence or intentional acts resulting in severe injury, disability, or death constitute medical disputes in Criminal Law. When the resolution of a service-oriented medical dispute achieved through restorative justice was legalized into a notarial deed, thus the content of agreement will provide the perpect evidentiary power and legal certainty.