The Right of Litigation for Victims of Medical Malpractice at the Measure of Fair Trial

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Poorbaferani Hasan

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2019 | Volume:83 | Issue:107 Page(s): 41-56

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Information Journal Paper

Title

The Right of Litigation for Victims of Medical Malpractice at the Measure of Fair Trial

Author(s)

Poorbaferani Hasan | Issue Writer Certificate

Keywords

Fair trialQ1

Judicial impartialityQ2

Medical malpracticeQ1

IRI Medical Council OrganizationQ1

Legal Medicine OrganizationQ1

Abstract

In criminal proceedings, victims are entitled to certain rights that are sometimes common to both parties, both the accused and the victim. One such right, which is the cornerstone of a Fair trial, is the right to a hearing by a competent court established by law and to have a qualified attorney familiar with due process present. The other right is the independence and impartiality of the court and the timeliness of the hearing. Safeguarding of these rights, both in relation to the accused and the plaintiff is imperative, while any lack of it will definitely harm public trust with dire consequences for the legal system. The main question of this paper is whether the Fair trial criteria, particularly the ones mentioned above, are satisfied in the case of Medical malpractice victims in Iran’ s current criminal law. To find a conclusive answer to this question, the author shall apply the threefold criteria of hearing by a competent court over Medical malpractice cases in Iran, which are independence, impartiality of the court and hearing within a reasonable time.

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APA: Copy

Poorbaferani, Hasan. (2019). The Right of Litigation for Victims of Medical Malpractice at the Measure of Fair Trial. THE JUDICIARY’S LAW JOURNAL, 83(107 ), 41-56. SID. https://sid.ir/paper/137895/en

Vancouver: Copy

Poorbaferani Hasan. The Right of Litigation for Victims of Medical Malpractice at the Measure of Fair Trial. THE JUDICIARY’S LAW JOURNAL[Internet]. 2019;83(107 ):41-56. Available from: https://sid.ir/paper/137895/en

IEEE: Copy

Hasan Poorbaferani, “The Right of Litigation for Victims of Medical Malpractice at the Measure of Fair Trial,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 107 , pp. 41–56, 2019, [Online]. Available: https://sid.ir/paper/137895/en

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