Quasi-Judicial Authorities Investigating Violations in the Provision of Health Care Services

Patients are the main consumers of health care services and among the most vulnerable social classes. They are in a special situation because of the physical and emotional stresses caused by the illness as well as the financial burden of medical services. In contrast, the advancement, diversification and specialization of health care services have led patients to face a group called "health care service providers"; Therefore, it seems necessary to support patients who inevitably receive health care services on one hand and are not familiar enough with their rights on the other hand. Violations in the medical field, depending on their type, may be in the jurisdiction of the public or revolutionary courts. However, due to the specialized nature of violations in health care field and for speeding up proceedings, some authorities other than judicial authorities have also been established to deal with medical professional violations. These authorities are only competent in matters specified by law and, unlike the courts of justice, are not under the supervision of the judiciary. These authorities are either under the supervision of the executive or extrajudicial power or in the form of law enforcement agencies dealing with the specialists’ violations, with the presence of representatives from the judiciary and related organizations. In this article, competent non-judicial authorities dealing with lawsuits against health care service providers including the Tazirat Organization, the Competition Council, and the authorities designated by the medical system law (consisting of five references in total: 1. County Public Prosecutor's Office; 2. County Disciplinary Trial Court; 3. Provincial Disciplinary Board of Appeal; 4. Provincial Supreme Court; 5. Provincial Court of Appeal) and their functioning in the field of health are investigated and finally appropriate suggestions are made.