---
title: "Medical Malpractice Criminal Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/medical-malpractice-criminal-defense-en"
field: "Criminal Law"
description: "Medical error under Articles 116 and 124: from a fine to 5 years of imprisonment. Defense of physicians. Legal.ge."
reviewed: "2026-02-11"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Medical Malpractice Criminal Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/medical-malpractice-criminal-defense-en

The criminal-law assessment of a medical error in Georgia rests on two norms of the Criminal Code — Articles 116 and 124. The outcome is decisive: if the patient died, the assessment proceeds under Article 116 — causing death by negligence; if the health suffered less serious or serious damage — under Article 124. The central feature of both norms is the same: negligence.

This page is intended for the defense of charges connected with medical practice: here you will find the exact elements of both articles, all sanctions by part, and the directions in which a lawyer analyzes cases of this category. Every figure is taken solely from the normative text of these two articles.

## Article 116: causing death by negligence

The outcome of the case is the patient’s death. The article is divided into two parts:

-   Part 1 — causing death by negligence: house arrest for a term from six months to two years, or imprisonment for a term from two to four years;
-   Part 2 — the same act committed against two or more persons: imprisonment for a term from three to five years.

In other words, the sanction directly depends on the number of victims: with one patient, house arrest is possible; with two or more — only imprisonment from three to five years. Comparing the two parts helps the defense plan: if the charge is built on two patients and the elements fail for one of them — for example, causation is not proven — the case returns from Part 2 to Part 1 and the punishment frame substantially narrows. This is why every episode must be analyzed separately.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/crim-criminal-law-en/medical-malpractice-criminal-defense-en

### What is the punishment for a medical error if the patient died?

Under Article 116: Part 1 — house arrest from six months to two years, or imprisonment from two to four years; against two or more persons — Part 2, imprisonment from three to five years.

### And if the patient’s health was damaged?

Article 124 applies — less serious or serious damage to health by negligence: a fine or corrective labor for up to two years. This article does not provide imprisonment.

### What is the main feature of these articles?

Negligence — both norms cover only acts committed by negligence. Intentional forms are provided for by other norms of the Code.

### How can a lawyer help in a medical case?

The lawyer examines the causation between the medical act and the outcome, the negligence feature and the number of victims, and analyzes the medical documentation. Contact Legal.ge.