According to Galway lawyer Gerard O'Donnell, Praveen Halappanavar is being denied justice as set out in international law.
The solicitor was speaking as the terms of reference for the inquiry by the Health Information and Quality Authority (HIQA) surrounding the death of Savita (inset) was published.
Praveen has said he will not support the HIQA inquiry but instead will press ahead with his case for a public inquiry to the European Court of Human Rights.
But the issue of a European Court of Human Rights case could take some time as an applicant first has to exhaust the legal process in their own country.
While Dr Reilly has not ruled out a public inquiry, he first wants to see the HSE's interim report on its clinical review before deciding what road to take.
The HSE has said its clinical review into Savita's death is due to go to the minister before Christmas.
But Praveen's solicitor has argued that case law in Strasbourg is clear on the matter.
"It demands a prompt inquiry, and an inquiry involving the next of kin," he said.