Factors in the Tendency of Judges to Refer Cases Related to Medical Malpractice to the Forensic Medicine Organization (Case Study of North Khorasan)

Cases related to medical malpractice are among the cases that due to their technicality, judicial authority must obtain the opinion of experts. According to the regulations, Forensic Medicine Organization and Medical Council are the competent authorities to comment on this matter. This study aims to examine that judge tend to choose which of these organizations and what factors play a greater role in this regard.

This research has been done by descriptive and analytical method and 87 cases that were registered in 3.21.2019- 3.19.2020 as medical malpractice in the judiciary of North Khorasan have been reviewed. The researcher-made questionnaire distributed among 18 judges of the criminal courts and the opinions were asked about each of the questions. Finally, based on the obtained data, the factors are discussed and the output is analyzed.

The findings show that most judges know that Forensic Medicine Organization and Medical Council are competent authorities in the field of medical malpractice. Judges are satisfied with the performance of the Forensic Medicine Organization and prefer to refer cases to this organization. From the point of view of judges, impartiality of the Forensic Medicine Organization was the most important factor in this choice. Since the impartiality of the Forensic Medicine Organization is the main factor in choosing this organization as an expert reference, it is necessary to maintain this feature and the high position of this organization as one of the assistants of the judiciary will be maintained.