Errors committed during medical practice (Malpractice) often go beyond civil liability and escalate into criminal cases. When a doctor's negligence, carelessness, or lack of professionalism results in a patient's death (Article 116) or severe health damage (Article 124), criminal prosecution begins. For a doctor, this means not only the risk of imprisonment but also the revocation of the right to practice and the destruction of their reputation. This service involves comprehensive defense for doctors, covering criminal, regulatory, and civil aspects. The main goal of the defense is to prove that the doctor acted in accordance with the protocol and the outcome was an unavoidable medical risk.
What does the Medical Malpractice Criminal Defense service cover?
The service is designed for medical personnel facing the threat of criminal prosecution. Lawyers provide:
- Proactive defense during investigation: Involvement from the moment of the incident, preparing statements, and securing medical documentation.
- Managing commission expertise: Conducting alternative expertise and opposing the conclusions of state expertise.
- Analysis of protocols and guidelines: Proving that the doctor did not deviate from approved standards (Standard of Care).
- Breaking the causal link: Confirming that the patient's condition did not worsen due to the doctor's fault.
Common Real-World Scenarios
Charges are often related to:
- Emergency care: Errors in the ER when time is limited and diagnosis is difficult.
- Obstetrics and Gynecology: Childbirth complications, newborn trauma, or maternal death.
- Anesthesiology: Dosage errors or improper management of allergic reactions.
- Abandoning a patient in danger (Article 130): When a doctor refuses to provide assistance or leaves a patient unattended.
Georgian Legal Framework
Key articles are 116 (Negligent killing), 124 (Negligent health damage), and 130 (Abandoning a patient in danger). Also important is the Law on "Medical Practice," which defines the scope of a doctor's liability. Court practice relies heavily on the findings of the Medical Regulation Agency, so the lawyer's work with this agency is critical.
Process and Stages
The defense strategy includes:
- Fact reconstruction: Detailed hour-by-hour analysis of medical history.
- Witness preparation: Coordinating testimonies of colleagues and medical staff.
- Court: Persuading the jury or judge of the doctor's integrity.
Why choose a specialist on Legal.ge?
Defending a doctor requires specialization. Legal.ge allows you to find lawyers who understand medicine and know how to protect a doctor's reputation. They will help you keep your freedom and license. Find a defender on Legal.ge.
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