Nino Tatoshvili, criminal defence lawyer in Georgia
Medical & reproductive criminal law

Defence of Doctors, Clinics and Executives

Defence of doctors, clinics and executives: separate individual duty, management responsibility, regulatory breach, causation and corporate exposure.

English legal guideTbilisi · Georgia-wide
Short answer

Doctors, clinics and executives may have different duties and conflicts of interest; coordinated defence should preserve records while separating clinical judgment, management responsibility and corporate exposure.

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Clinical and criminal analysis

Start with duty, record and medical causation

A clinical or corporate title does not create automatic criminal responsibility for another person's treatment or record.

Clinical-legal question

What was the individual's actual duty, knowledge, authority and causal contribution to the suspected act?

Independent expertise should identify the applicable specialty standard and limitations; it should not be asked to declare criminal guilt.

The unaltered clinical record matters first

Governance and delegation, rotas, protocols, emails, clinical access logs, incident reports, regulator material and expert evidence.

01

Clinical chronology

Reconstruct condition, decisions, interventions and response.

02

Individual duty

Distinguish practitioner, clinic, agency and executive roles.

03

Causation

Test competing medical explanations and legally assessed harm.

Criminal Code articles to check

Articles that may enter the qualification

Article 116

Killing by negligence

May be relevant where a death is alleged to result from negligence rather than an intentional act; duty, fault and causation require independent proof.

Read full Article 116 text on this page
Article 124

Serious or less serious harm to health by negligence

An adverse outcome or safety breach does not itself prove criminal negligence; the standard of care, individual duty, fault, medical classification and causation must be established.

Read full Article 124 text on this page
Article 130

Leaving a sick person in danger

May apply to unjustified failure by a medical worker to provide urgent aid where a patient's life is endangered; duty, urgency, valid reason and consequence require proof.

Read full Article 130 text on this page
Article 246

Illegal medical or pharmaceutical practice

Potentially relevant where unauthorised practice allegedly causes health damage or death; licensing, individual conduct and causation must be established.

Read full Article 246 text on this page
Relevant Criminal Code wording

Read the relevant Criminal Code provisions

The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.

Article 116Killing by negligence

1. Killing by negligence, –

shall be punished by house arrest for a term of six months to two years or imprisonment for a term of two to four years.

2. The same act committed against two or more persons, –

shall be punished by imprisonment for a term of three to five years.

The consolidated official source is listed in the source section at the end of this guide.

Article 124Infliction of serious or less serious harm to health by negligence

Infliction of serious or less serious harm to health by negligence, –

shall be punished by a fine or imprisonment for a term of up to two years.

The consolidated official source is listed in the source section at the end of this guide.

Article 130Leaving a sick person in danger

1. Failure of a medical worker to provide urgent medical aid, without a valid reason, to a sick person whose life is endangered, –

shall be punished by a fine or corrective labour for a term of up to 15 months, with or without the deprivation of the right to hold an office or to carry out activities for a term of up to three years, or by house arrest for a term of six months to one year.

2. The same act which has resulted in a serious damage to health or death of a sick person, –

shall be punished by imprisonment for a term of three to five years, with the deprivation of the right to hold an office or to carry out activities for up to three years, or by house arrest for a term of one to two years.

The consolidated official source is listed in the source section at the end of this guide.

Article 246Illegal medical or pharmaceutical practice

1. Illegal medical or pharmaceutical practice that results in health damage, –

shall be punished by a fine or imprisonment for up to three years.

2. The same act that has resulted in loss of human’s life, –

shall be punished by imprisonment for a term of three to seven years, with or without deprivation of the right to hold an office or to carry out activities for up to three years.

The consolidated official source is listed in the source section at the end of this guide.

First controlled step

Separate individual and clinic interests early and preserve records under a controlled legal hold.

Sources & legislation

Primary sources for this guide

Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.

Criminal Code of GeorgiaLaw on Health CareLaw on Patient Rights
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