Medical Malpractice is one of the most painful and complex legal issues in the healthcare sector. In Georgia, where patients often place unconditional trust in doctors, errors, negligence, or unprofessionalism by medical staff can lead to severe health injuries or even fatal outcomes. A medical dispute involves a patient's right to claim compensation for harm suffered due to a violation of medical standards. This is not merely about an unsuccessful treatment result; it is about cases where a doctor failed to act as a qualified specialist should have in a similar situation. These types of disputes require specific knowledge at the intersection of medicine and law. Injured patients often struggle to fight against doctors alone, as clinics have strong legal teams. The involvement of a qualified lawyer is essential to establish the truth and obtain fair compensation.
What does this service cover?
Advocacy in medical disputes is a complex process and includes the following stages:
- Medical Records Audit: Detailed examination of the patient's history, test results, and prescriptions to identify deviations from protocols.
- Organizing Medical Expertise: Obtaining an opinion from the Levan Samkharauli National Forensics Bureau or alternative independent experts, which is crucial for the dispute.
- Negotiation with Clinics and Insurers: Often, clinics prefer to settle out of court to preserve their reputation. The lawyer negotiates the compensation amount.
- Court Representation: Filing a civil lawsuit claiming compensation for material (treatment costs, lost income) and moral damages.
- Request for License Suspension: Filing a complaint with the Regulation Agency of the Ministry of Health to raise the issue of the specific doctor's professional liability.
Common Real-World Scenarios
In practice, the following types of medical errors are most common:
- Misdiagnosis: The doctor failed to make the correct diagnosis or delayed it, leading to the worsening of the disease or loss of a chance for a cure.
- Surgical Errors: Leaving a foreign object (gauze, instrument) inside the patient's body during surgery, operating on the wrong organ, or ignoring post-operative complications.
- Medication Errors: Prescribing the wrong drug or dosage, causing allergic shock or poisoning.
- Lack of Informed Consent: The risks of the surgery were not explained to the patient, and they did not sign a consent form, or signed it without understanding the danger.
- Birth Injuries: Errors made during childbirth that resulted in damage to the health of the newborn or the mother.
Georgian Legal Framework
Medical disputes are regulated by the Law of Georgia on Patient Rights and the Law on Health Care. These laws establish the patient's right to receive quality service and complete information. Regarding compensation for damages, the Civil Code of Georgia (tort liabilities) applies. The burden of proof in such disputes is distributed: the patient must prove the fact of harm, while the clinic must prove that it acted "in accordance with professional standards." Guidelines and protocols approved by the Ministry of Health are significant, as their violation automatically implies the doctor's culpability.
Process: How does a specialist work?
The process begins with the full retrieval of medical documentation (Form 100, history). The lawyer consults with a medical expert to determine if the doctor's action was negligent. If the expertise confirms a violation, a lawsuit is prepared. The lawyer calculates the damages: the cost of re-treatment, the duration the patient was unable to work, and the appropriate amount for pain and suffering (moral damage). Court proceedings can be lengthy, so the lawyer's experience is crucial.
Why Legal.ge?
A medical dispute is not an ordinary court case; it is a fight for the right to health and life. On Legal.ge, you will find specialists with experience in medical law who understand both legal and medical terminology. Our platform's lawyers will help ensure your voice is heard and you receive the compensation you deserve due to medical negligence. Trust the professionals.
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