Increase in Medical Malpractice Cases and Convictions in Iran

Recent reports indicate a rise in 'medical malpractice' and complaints against doctors in Iranian courts. According to a report published by ISNA on Saturday, August 2, based on statistics from the Legal Medicine Organization, the number of convictions of doctors has been increasing from 2012 to 2015. The report states that in 2012, out of a total of 4,714 medical complaints, 2,051 resulted in convictions. In 2013, the number of complaints was 5,148, leading to 2,223 convictions. In 2014, there were 6,838 medical complaints, resulting in 2,760 convictions. In 2015, the number of complaints rose to 7,381, with 3,023 resulting in convictions. These statistics show that the number of complaints referred to legal medicine increased by 8.25% in 2013 compared to 2012, and by 24.7% in 2014 compared to 2013. The statistics for 2015 also show a 7.35% increase compared to 2014. Analysis of these figures indicates that in 2015, only 40.95% of complaints related to medical malpractice resulted in convictions. Additionally, out of the 7,381 complaints referred to legal medicine last year, 109 were related to non-medical groups. Another finding from the report indicates that approximately eight cases of medical malpractice were confirmed daily by legal medicine last year. The report also reveals that obstetrics and gynecology, with 945 cases referred to legal medicine, topped the list of complaints. Following obstetrics and gynecology, general surgery, orthopedic surgery, dentistry, and general medicine ranked next with 631, 604, 542, and 366 complaints, respectively. Over the past four years, obstetrics and gynecology has consistently been at the top of medical malpractice complaints, although the conviction rates have varied. The second most complained about specialty in 2012, 2013, and 2014 was orthopedic surgery, but in 2015, it was replaced by general surgery. The third most complained about specialty shifted from general surgery in 2012-2014 to orthopedic surgery in 2015. Individuals claiming medical malpractice in their cases or those of their relatives must refer to the Medical Crimes Prosecutor's Office to file their complaints. This office then refers the case to one of the two legal medicine organizations or the medical system based on the type of complaint, and after necessary investigations, a final verdict is issued. The controversial death of Abbas Kiarostami, a prominent Iranian filmmaker, has once again brought the topic of 'medical malpractice' and related issues to the forefront in Iranian society. Kiarostami's family has repeatedly stated that they lost their father due to 'medical malpractice', but the doctor handling his case and some other responsible officials have refused to confirm this. Kiarostami's medical file is currently under review by a special committee, and the investigations by this committee have not yet concluded. In this context, the response of Kiarostami's son to the report from the Health Ministry spokesman, Dariush Mehrjui, called for legal action regarding the cause of Kiarostami's death.