Negligent homicide caused by improper performance of professional duties (so-called medical malpractice) is one of the most complex and painful categories of criminal cases. The crime under Article 116 implies a situation where negligence, carelessness, or unqualified action by a doctor or other medical personnel resulted in the patient's death. These cases are highly specific as they require a synthesis of deep medical and legal knowledge. The main challenge for the prosecution is establishing a direct causal link between the doctor's action and the outcome, as medicine often involves unavoidable risks. Establishing the truth is vital for both medical personnel and the victim's family.
What does the Medical Negligence (Death) Defense service cover?
Lawyers specializing in this category work to defend accused doctors or represent the interests of victims' families. Services include:
- Medical records audit: Detailed study of history, prescriptions, surgery protocols, and tests to determine if the action complied with the protocol.
- Commission medical expertise: The key evidence is the expert report. The lawyer collaborates with independent experts to prepare an alternative conclusion.
- Interaction with the Regulation Agency: Analyzing and appealing findings from the State Regulation Agency for Medical Activities.
- Causation research: Determining whether the death was caused by the doctor's action or if it was a natural complication of the disease or patient idiosyncrasy.
- Professional liability issues: Defense not only from criminal prosecution but also during proceedings regarding the suspension or revocation of a medical license.
Common Real-World Scenarios
Criminal liability arises in the following cases:
- Diagnostic error: Incorrect or delayed diagnosis, preventing the patient from receiving necessary care leading to death.
- Surgical error: Technical mistake during surgery (e.g., damaging blood vessels) resulting in a fatal outcome.
- Medication error: Incorrect dosage or prescribing incompatible drugs (anaphylactic shock).
- Post-operative negligence: Improper monitoring of the patient's condition after surgery, leading to complications.
Georgian Legal Framework
The act is qualified under Article 116 of the Criminal Code of Georgia (Negligent killing). Also relevant are the Laws on "Health Care" and "Medical Practice," which define the doctor's obligations and standards. Court practice relies on "guidelines" and "protocols" — if a doctor acted according to the approved protocol, their liability is excluded, even if the result is fatal. Proving this is the lawyer's main task.
Process and Stages
The defense strategy includes:
- Seizing documentation: Immediate acquisition of medical history to prevent alteration of records.
- Samkharauli Expertise: Working on the conclusion of the State Forensics Bureau, correctly formulating questions for the expert.
- Investigative experiment: Simulating the procedure if necessary.
- Court: The defense relies on proving that the doctor exercised due diligence and the result was an independent circumstance.
Why choose a specialist on Legal.ge?
Medical disputes require a lawyer who understands medical terminology and procedures. Legal.ge gives you access to lawyers specializing in malpractice cases. They know how to work with medical experts and regulators to protect your reputation and freedom. Find a qualified defender on Legal.ge.
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