The Right of Litigation for Victims of Medical Malpractice in the Crucible of Fair Trial

In criminal proceedings, the victim is also entitled to certain rights that are at times not only not at variance with the rights of the accused, but are rather common to both parties. 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. The safeguarding of these rights both in relation to the accused and the plaintiff is imperative, for failure to do so shall undermine public trust in the legal system with dire consequences. 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 research question, the present paper shall apply the three criteria of hearing by a competent court, independence and impartiality of the court, and hearing within a reasonable time to medical malpractice cases in Iran.