What Medical Malpractice Defense Means
Defending a medical malpractice claim in the Georgian system is not a story of helplessness: the Law on Medical Activity gives the physician an entire complex that works from the very first day of a complaint. The foundation is the norm on legal protection: physical or material damage caused to a physician, other medical personnel or a medical institution in the course of medical activity is compensated, in the procedure established by legislation, by the person who caused it. This means the physician is a protected person too — a full-fledged claim for compensation exists in relation to them as well.
The protection of personality is this norm's natural continuation: the physician has the right, through the court and in the manner established by law, to defend honour, dignity, the privacy of personal life, personal inviolability or business reputation against violation. For medical practice the defence of business reputation is not merely a matter of prestige but of the practice's very existence — and the law secures this protection with the court's power.
The Council's Examination — How the Defence Proceeds
The organ examining questions of professional liability is the Council, and the examination procedure is built on the physician's procedural position. The first right is the response to the application or complaint: the subject must answer in writing the circumstances indicated in it, unless the Council declares an oral answer sufficient. In the response the physician must clearly state whether they agree with or deny the circumstances cited in the complaint, substantiate their view and present exculpatory circumstances — this document is the foundation of the defence position.
The second right is attendance: when the Council takes its decision, the parties have the right to be present. The third is the expert element: where the Council considers an examination necessary to decide the matter, it may receive explanations from the relevant persons; and the professional association of physicians of the relevant specialty, with the respondent's consent or at the respondent's request, may participate in the consideration and in the adoption of the decision. Through this machinery the physician receives an assessment of their own case from their professional peers.
The Complaint's Further Path and the Court Route
After the examination the process does not end: a complaint of a patient or the patient's relative against a physician is transferred, before the Council's examination and for a conclusion, in the manner established by legislation, to the relevant professional association of physicians. The complaint's life thus does not finish with the Council's decision — the professional community prepares its own conclusion, and this circumstance must equally be factored into the defence strategy.
The Council's decisions are subject to judicial control: any measure of professional liability may be appealed in court, and it is precisely the court that is the last instance where the physician's position is examined with full procedural guarantees. Preparing the defence must therefore be built on two levels: steering the Council's procedure correctly and creating the documentary foundation for a judicial appeal.
What Does Not Apply in Georgia
The defence doctrines formed in United States case law and the jury model of malpractice trials are not directly applicable in Georgia: the Georgian defence is built on the Law on Medical Activity's own machinery — the Council, the written response, the right of attendance, the examination, the professional association's participation and judicial appeal. These elements constitute the physician's complete defensive arsenal, not imported institutions.
Frequently Asked Questions
Below we answer the questions most frequently asked about defence cases.
What must I do upon receiving a complaint?
Prepare a written response: state clearly your agreement or denial regarding each circumstance of the complaint, substantiate the position and present exculpatory circumstances supported by the medical documentation.
May I attend the Council's meeting?
Yes — when the decision is taken the parties have the right to attend; attendance is part of presenting the position transparently.
Who assesses the case professionally?
Where necessary, an examination — and the professional association of physicians of the relevant specialty, which participates in the consideration with the respondent's consent or at the respondent's request.
What happens after the Council's decision?
The complaint is transferred to the professional association for a conclusion, and the decision may be appealed in court; the defence documentation works at both stages.
Who compensates the damage caused to the doctor?
Physical and material damage caused to a doctor, other medical personnel or a medical institution in the course of medical practice is compensated by the harm-doer in the manner established by Georgian legislation; the doctor also has the right to protection through the court.
How We Help on Legal.ge
The advocates of Legal.ge take on the physician's defence from the first day: we prepare the written response to each circumstance of the complaint, shape the exculpatory circumstances on the basis of the medical documentation, ensure attendance and participation in the examination, and represent you in court when the Council's decision is appealed. Contact us — a defence case is won on the day the first document is written.