Professional misconduct and disciplinary liability in the medical field is an issue that directly affects a doctor's right to continue practicing. While it may not always be a criminal offense, the consequences for the doctor are often equally severe: suspension or revocation of the state certificate (license), a warning, or dismissal from employment. Disciplinary proceedings typically begin based on a patient complaint to the Regulation Agency of the Ministry of Health. Professional misconduct may involve violations of ethical norms, improper documentation, protocol violations, or improper communication with a patient. Timely lawyer involvement is essential to save a medical reputation and career.
What does the Professional Misconduct Defense service cover?
Lawyers defend doctors before the Professional Development Council and in court. Services include:
- Analysis of Regulation Agency findings: Legal assessment of the inspection report on the doctor's activity and preparing a substantiated response.
- Representation at the Professional Development Council: Lawyer attendance at the Council meeting where the doctor's liability is decided. Presenting arguments to mitigate or cancel the penalty.
- Litigation: Appealing the Council's decision (license suspension/revocation) in court via administrative proceedings.
- Labor disputes with clinics: If a doctor was fired based on misconduct, demanding reinstatement.
Common Real-World Scenarios
Disciplinary liability arises in the following cases:
- Documentation errors: Incomplete filling of Form 100, improper maintenance of history.
- Deviation from protocol: Failure to conduct tests required by guidelines or improper management.
- Ethical violations: Rude behavior towards a patient, breach of confidentiality.
- Prescription violations: Issuing prescriptions in an incorrect format.
Georgian Legal Framework
The issue is regulated by the Law on "Medical Practice" (Chapter V - State Regulation of Medical Practice) and the Law on "Health Care." Professional liability issues are reviewed by the Professional Development Council. Sanctions can be: written warning, suspension of the state certificate (for various terms), or revocation. The decision can be appealed in court.
Process and Stages
The defense strategy includes:
- Preparing explanations: Formulating the initial position for the Agency.
- Council meeting: Defending the doctor's interests to prevent certificate suspension.
- Appeal: Filing an administrative lawsuit against an unfair decision.
Why choose a specialist on Legal.ge?
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