Negligent infliction of less severe or severe damage to health (Article 124 of the Criminal Code of Georgia) is a common charge in the medical field when a doctor's action does not result in the patient's death but significantly harms their health. This can be loss of organ function, long-term incapacity for work, or disability. Unlike Article 116 (death), the outcome here is deterioration of health. This crime is often linked to improper treatment, misdiagnosis, or procedural violations. Legally, the main point is to establish the degree of harm (severe or less severe) and the connection to the doctor's action. For the accused, this threatens not only their liberty but also their professional license and leads to civil liability (compensation).
What does the Medical Negligence (Harm) Defense service cover?
The lawyer's work on this type of case focuses on establishing the degree of harm and proving adherence to professional standards. Services include:
- Expertise on the degree of harm: Determining whether the patient actually suffered "less severe" or "severe" harm in the legal sense. Sometimes the harm is minor and does not trigger criminal liability.
- Compliance with standards: Analyzing national guidelines and protocols. If the doctor acted according to protocol, a complication is not considered a crime.
- Mediation with the patient: Often, the conflict can be resolved through negotiation and compensation without going to court.
- Protecting professional reputation: Defending the doctor's name in the media and society based on the presumption of innocence.
Common Real-World Scenarios
Article 124 is used in the following cases:
- Traumatology errors: Improper healing of a fracture due to incorrect fixation, leading to loss of limb function.
- Infection introduction: Using non-sterile instruments leading to sepsis or other complications (if not fatal).
- Organ loss: Damage to an organ (e.g., kidney) during surgery requiring its removal.
- Plastic surgery: Severe deformity or health issues resulting from aesthetic surgery.
Georgian Legal Framework
The act is regulated by Article 124 of the Criminal Code of Georgia. It provides liability for negligent infliction of less severe or severe damage to health. "Less severe" damage implies long-term health impairment or significant persistent loss of general working capacity by less than one-third. "Severe" damage is life-threatening or results in the loss of an organ. The penalty can be a fine, corrective labor, or imprisonment for up to 2 years. The expert report precisely defining the degree of injury is crucial.
Process and Stages
The defense strategy includes:
- Alternative expertise: The lawyer appoints independent expertise to compare with the Samkharauli Bureau's conclusion.
- Witness interrogation: Questioning medical staff (nurses, assistants) about the procedure.
- Plea agreement: Achieving a lighter sentence (e.g., fine) if guilt is obvious, so the doctor does not lose their license and freedom.
Why choose a specialist on Legal.ge?
Defending a doctor is a niche field. Legal.ge allows you to find lawyers experienced in medical law. They can determine where the line lies between a complication and a crime and protect your professional future. Find a qualified defender on Legal.ge.
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