Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 546-560 |
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Ghazalbeigloo M, Rahimi R, Sheikh Movahed1 M. Pathology of the Regulatory System Supporting Whistleblowing of Medical Malpractice in the Health Sector in the Iranian Legal System. MLJ 2024; 18 (59) :546-560
URL: http://ijmedicallaw.ir/article-1-1653-en.html
URL: http://ijmedicallaw.ir/article-1-1653-en.html
1- Department of Publiuc Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
Abstract:
Background and Aim: The health sector in the whole country allocates huge financial resources. Dealing with the lives of clients, the impossibility of taking risks on their part and blowing the whistle on medical violations, along with spending vast financial resources, provides the opportunity to commit massive violations. On the one hand, the lack of governmental monitoring facilities and on the other hand, extensive public monitoring of this sector as whistle-blowing, can be a way forward. Whistleblowing in the field of medical malpractices in the health sector, in addition to fighting against medical malpractices, also has a preventive aspect. Whistleblowing is expected, secondly, to list the challenges and gaps that exist in this direction. The goals that are expected from this research are, firstly, to identify people's capacities in preventing medical malpractices in the health sector in Iran's legal system and secondly, to evaluate the approach of the Iranian legal system towards supporting whistle-blowing in the field of medical malpractices in the health sector.
Method: This research is categorized as theoretical research and the research method is descriptive-analytical. The method of collecting information in this research is a library and it has been done by referring to first-hand sources, i.e. laws and regulations and second-hand sources, i.e. related legal doctrine.
Ethical Considerations: In this research, the principles of scientific trustworthiness, impartiality and originality of the work have been observed.
Results: Due to the fact that rule-making in the field of whistle-blowing is generally done by medical system organizations, therefore, it cannot be believed that the authorizing institution, as the exposed institution, can identify medical violations well.
Conclusion: In the legal system of the Islamic Republic of Iran, the 1690 system of the Ministry of Health acts as a whistle-blowing system in the field of medical violations. However, this system also only deals with doctors' violations; This is despite the fact that whistle-blowing in the field of medical violations does not only include the violations of doctors, but also includes a wide range of stakeholders. It seems that in the field of whistle-blowing medical violations, the Ministry of Health should avoid focusing only on the violations of doctors in its policies and in this regard, focus on the violations of other stakeholders, for example, the treatment staff other than doctors. In addition, there has not been a distinction between whistle-blowing, administrative corruption crimes in the medical field and medical violations in Iran's health sector and a differential system has not been formed to separate violations and crimes related to whistle-blowing. Finally, it should be said that due to the fact that violations in the field of health are considered specialized violations, whistle-blowing should also be specialized along with it. Therefore, in many cases, ordinary people cannot be expected to report treatment violations that have a specialized aspect.
Please cite this article as:
Ghazalbeigloo M, Rahimi R, Sheikh Movahed M. Pathology of the Regulatory System Supporting Whistleblowing of Medical Malpractice in the Health Sector in the Iranian Legal System. Medical Law Journal. 2024; 18: e37.
Method: This research is categorized as theoretical research and the research method is descriptive-analytical. The method of collecting information in this research is a library and it has been done by referring to first-hand sources, i.e. laws and regulations and second-hand sources, i.e. related legal doctrine.
Ethical Considerations: In this research, the principles of scientific trustworthiness, impartiality and originality of the work have been observed.
Results: Due to the fact that rule-making in the field of whistle-blowing is generally done by medical system organizations, therefore, it cannot be believed that the authorizing institution, as the exposed institution, can identify medical violations well.
Conclusion: In the legal system of the Islamic Republic of Iran, the 1690 system of the Ministry of Health acts as a whistle-blowing system in the field of medical violations. However, this system also only deals with doctors' violations; This is despite the fact that whistle-blowing in the field of medical violations does not only include the violations of doctors, but also includes a wide range of stakeholders. It seems that in the field of whistle-blowing medical violations, the Ministry of Health should avoid focusing only on the violations of doctors in its policies and in this regard, focus on the violations of other stakeholders, for example, the treatment staff other than doctors. In addition, there has not been a distinction between whistle-blowing, administrative corruption crimes in the medical field and medical violations in Iran's health sector and a differential system has not been formed to separate violations and crimes related to whistle-blowing. Finally, it should be said that due to the fact that violations in the field of health are considered specialized violations, whistle-blowing should also be specialized along with it. Therefore, in many cases, ordinary people cannot be expected to report treatment violations that have a specialized aspect.
Please cite this article as:
Ghazalbeigloo M, Rahimi R, Sheikh Movahed M. Pathology of the Regulatory System Supporting Whistleblowing of Medical Malpractice in the Health Sector in the Iranian Legal System. Medical Law Journal. 2024; 18: e37.
Keywords: Whistleblowing Medical Violations, 1690 System, Ministry of Health, Treatment and Medical Education, Medical System Organization, Right to Health
Type of Study: Original Article |
Received: 2023/05/28 | Accepted: 2023/11/19
Received: 2023/05/28 | Accepted: 2023/11/19
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