Introduction: Risks of Illegal Medical Practice
Medical activity in Georgia is a licensed and certified field. The state strictly protects patient safety and prohibits medical practice without appropriate education and permission. Illegal (unlicensed) medical practice is a criminal offense, especially when it results in damage to the patient''s health or death. The accused can be so-called "folk healers" as well as certified doctors who lack a certificate for performing a specific manipulation (e.g., a cosmetologist performing plastic surgery). Qualified defense is essential in such cases to distinguish criminal liability from administrative misconduct and to prove that the action did not cause severe consequences.
What Does This Service Cover?
Our service offers legal assistance to individuals and clinics accused of illegal medical practice:
- Criminal Defense: Representation in cases under Article 246 of the Criminal Code (Illegal medical or pharmaceutical activity).
- Qualification Verification: Gathering evidence that the person possessed appropriate knowledge and qualifications, which can be a mitigating circumstance.
- Medical Expertise: Conducting independent expertise to determine if there was a direct link between the manipulation performed and the outcome (harm).
- Administrative Disputes: Defending a clinic or cabinet accused of violating permit conditions or operating without a license.
- Negotiation with Victims: Resolving conflicts with patients to avoid the initiation of criminal prosecution (if possible).
Common Situations and Scenarios
Charges of illegal medical practice are often found in the following areas:
- Aesthetic Medicine: Cosmetologists or nurses perform injection procedures (Botox, fillers) without doctor supervision, leading to complications.
- Dentistry and Surgery: A doctor performs a surgery they are not authorized to perform by their certificate.
- Alternative Medicine: Individuals without medical education treat serious diseases (e.g., cancer) with dubious methods, worsening the patient''s condition.
- Foreign Doctors: Foreign doctors working in Georgia without recognition of their local certificate.
Georgian Legal Framework
The main laws are the "Law on Health Care" and the "Law on Medical Practice". Criminal liability is provided by Article 246 of the Criminal Code, which punishes illegal medical practice if it causes health damage or death. If no harm occurred, the act may be qualified as an administrative offense. The concept of a "State Certificate," which confirms a doctor''s right to independent practice, is crucial.
Step-by-Step Process
1. Fact Detection: Illegal practice is revealed based on a patient complaint or inspection by the Regulation Agency.
2. Investigation: The person''s diploma, certificate, and license are checked. Expertise is appointed to assess the patient''s health condition.
3. Indictment: If harm is established along with a lack of permission, the person is charged with illegal medical practice.
4. Defense Position: The lawyer argues that the act did not contain signs of a crime or there is no link between harm and treatment.
5. Court: Trial and verdict (fine, revocation of the right to practice, or imprisonment).
Why Choose a Specialist on Legal.ge?
Medical crimes require a lawyer who understands medical regulation and expertise issues. Specialists listed on Legal.ge will help you correctly assess your risks and protect your professional future. Find a qualified defender on Legal.ge.
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