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Chapter Six - Incommensurability and Power in Constructing the Meaning of Injury at the Medical Malpractice Disputes

from Part II - Constructing Injury and Imagining Remedies

Published online by Cambridge University Press:  24 February 2018

By
Yoshitaka Wada
Edited by
Anne Bloom ,
David M. Engel  and
Michael McCann
Anne Bloom
Affiliation:
University of California, Berkeley
David M. Engel
Affiliation:
State University of New York, Buffalo
Michael McCann
Affiliation:
University of Washington
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Summary

Yoshitaka Wada’s chapter uses social construction theory to examine the complex relationships of power and resistance in the construction of injury. In a Japanese medical malpractice lawsuit where a boy died from diagnostic error, Wada identifies three incommensurable narratives: the mother’s every day narrative of sorrow and loss, the physician’s medical discourse based on scientific expertise, and the lawyers’ legal discourse dominating the court room. The three colliding narratives expose the complex power relations that contribute to the construction of the meaning of injury, death, and negligence. Wada concludes that the concepts of injury and death are products of discursive power struggles.
Type
Chapter
Information
Injury and Injustice
The Cultural Politics of Harm and Redress
 , pp. 135 - 153
Publisher: Cambridge University Press
Print publication year: 2018

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References

Clifford, James. (1986). “On Ethnographic Allegory.” Pp. 98–121 in Writing Culture: The Poetics and Politics of Ethnography, edited by Clifford, James and Marcus, George E.. Berkeley, CA: University of California Press.CrossRefGoogle Scholar
Kuhn, Thomas. (1962). The Structure of Scientific Revolutions. Chicago, IL: University of Chicago Press.Google Scholar
Sandel, Michael. (1982). Liberalism and the Limits of Justice. London: Cambridge University Press.Google Scholar

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