Medical Law constitutes a distinct legal domain governing the relationships between patients, medical practitioners, and healthcare institutions. If you believe that your rights or those of a family member have been infringed upon, or if you seek a deeper understanding of medical malpractice, compensation, and dispute resolution, this extensive guide is designed for you. Below, we examine the legislation of Georgia, practical examples, and mechanisms for legal recourse in detail.

 

What is Medical Law and Why is it Important?

 

In the modern world, the right to health is a fundamental human right. Medical Law represents the aggregate of legal norms regulating relations arising within the healthcare sector. It encompasses not only the treatment process but also confidentiality, informed consent, licensing, and pharmaceutical regulations.

In Georgia, this sphere is regulated by several primary legislative acts, including:

• The Law of Georgia "On Health Care";

• The Law of Georgia "On the Rights of the Patient";

• The Law of Georgia "On Medical Practice";

• The Civil Code and the Criminal Code of Georgia.

It is crucial to understand that a medical dispute is not merely about penalizing a physician; it serves the purpose of restoring the violated rights of the aggrieved patient and providing compensation for the damages incurred.

 

Patient Rights: What Does the Law Stipulate?

 

Georgian legislation grants patients broad rights, knowledge of which is essential during any medical intervention.

 

1. Informed Consent

 

This is the cornerstone of Medical Law. A physician is prohibited from performing any intervention (barring emergency cases) without obtaining the patient's consent. Consent must be informed, implying that the patient must be apprised of:

• The diagnosis and prognosis;

• The risks associated with the intervention and anticipated outcomes;

• Alternative methods of treatment.

 

2. Standard of Care

 

A patient has the right to receive medical services that comply with recognized and established national standards. If a clinic fails to ensure sanitary norms or utilizes obsolete or prohibited methods, this constitutes a violation of rights.

 

3. Confidentiality and Privacy

 

Your medical history, diagnosis, and even the fact of your visit are confidential. Disclosure of information to a third party is permissible only with the patient's consent or under exceptions expressly provided for by law (e.g., epidemiological hazards).

 

Medical Error vs. Negligence: Where is the Line Drawn?

 

The term "Medical Error" is frequently used; however, legally, it is imperative to distinguish it from negligence and carelessness.

 

What Constitutes a Medical Error?

 

A medical error may be a bona fide act where the physician acted in accordance with standards, yet an adverse result ensued due to the objective complexities of medicine. However, if the error is caused by:

• Misdiagnosis (where symptoms were manifest);

• Prescription of the wrong medication;

• Breach of surgical protocol;

Then we are dealing with Medical Malpractice, which gives rise to liability.

Important: Not every lethal outcome or complication implies the physician's fault. In a medical dispute, the primary objective is to establish a causal link between the physician's action and the ensuing result.

 

Types of Physician and Clinical Liability

 

When medical malpractice is established, liability may fall into three categories:

 

1. Civil Liability (Pecuniary and Non-Pecuniary Damages)

 

This is the most common form. According to the Civil Code of Georgia, a person who has suffered damage may claim compensation.

• Pecuniary (Material) Damages: Treatment costs, loss of earning capacity (lost wages), rehabilitation expenses.

• Non-Pecuniary (Moral) Damages: Compensation for pain, suffering, and emotional distress.

 

2. Administrative/Professional Liability

 

The Regulation Agency for Medical and Pharmaceutical Activities reviews the issue of a physician's professional liability. Sanctions may include:

• Written reprimand;

• Temporary suspension of license;

• Revocation of license.

 

3. Criminal Liability

 

If the physician's negligence or unprofessionalism results in the patient's death or severe bodily injury, criminal proceedings may be initiated.

 

How to Initiate a Medical Dispute?

 

If you believe your rights have been violated, despite the emotional background, it is essential to act strategically and with composure.

 

1: Obtaining Medical Records

 

The first and paramount stage is requesting full copies of "Form IV-100" (Medical Certificate), the medical history, test results, and prescriptions from the clinic. Remember: The clinic is legally obliged to provide these documents immediately upon request.

 

2: Alternative Expert Opinion

 

Often, an independent expert conclusion is required to assess whether the treatment was conducted correctly. The Levan Samkharauli National Forensics Bureau or private experts can assist in this matter.

 

3: Filing a Complaint with the Regulatory Agency

 

You may file a complaint with the Regulation Agency for Medical and Pharmaceutical Activities. They will investigate the case and determine whether the physician violated the standard of care. Their conclusion serves as strong evidence for the court.

 

4: Mediation or Litigation

 

Before resorting to the court, it is possible to resolve the dispute via mediation (negotiation with the clinic). If a settlement cannot be reached, court proceedings commence.

 

Compensation: What Amount Can You Claim?

 

This is the question of most interest to aggrieved parties. In Georgia, there are no fixed tariffs for non-pecuniary (moral) damages, and each case is adjudicated individually.

Factors influencing the quantum of compensation:

• Severity of the injury (acquisition of disability status, loss of an organ, death);

• Age (the younger the patient, the higher the potential compensation due to loss of earning capacity);

• Duration and cost of treatment;

• The financial standing and insurance coverage of the clinic.

Recent judicial practice demonstrates that claims for non-pecuniary damages are increasingly being granted and the amounts are rising, which is a step forward in the protection of patient rights.

 

Why Do You Need a Specialized Attorney in Medical Law?

 

Medical disputes represent one of the most complex categories in jurisprudence. They require knowledge not only of the law but also of the fundamentals of medicine.

What does a qualified attorney do?

1. Assesses Prospects: Honestly advises whether litigation is worth pursuing.

2. Gathers Evidence: Knows where to look for errors in medical records.

3. Collaborates with Experts: Poses the correct questions during the expert examination.

4. Conducts Negotiations: Clinics often prefer to settle cases amicably to avoid reputational damage. An attorney ensures maximum compensation at this stage.

 

Frequently Asked Questions (FAQ)

 

To help you better understand the issue, here are answers to the most common questions: 

 

What is the Statute of Limitations for filing a lawsuit?

 

According to the Civil Code, the standard statute of limitations is 3 years from the moment you became aware of the damage. However, it is recommended to initiate the process as soon as possible to prevent the loss of evidence.

 

Who bears liability: The Physician or the Clinic?

 

In most cases, vicarious liability applies, meaning the clinic (the Employer) bears material liability as the service provider. However, via the right of recourse, the clinic may subsequently demand a portion of the sum from the specific physician.

 

What are the costs of a medical dispute?

 

Costs include attorney fees, expert examination costs, and court fees. However, in the event of winning the process, the defendant (the clinic) may be ordered to reimburse these legal costs.

 

Conclusion: Do Not Leave Your Rights Unprotected

 

Medical malpractice can happen to anyone. It is a tragedy that requires a legal response. Medical Law is an instrument that ensures justice and serves to improve the healthcare system. Every won dispute is a signal to medical institutions to elevate standards and exercise greater caution.

If you believe your health has been damaged by the unqualified actions of medical personnel, do not delay. Contact a professional in a timely manner to protect your rights and receive the compensation you are due.