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.