Start with duty, record and medical causation
A consent dispute may involve patient rights, professional regulation, civil liability and, only on proved facts, criminal law.
What information and alternatives were explained, did the patient have capacity, and did an emergency or statutory exception apply?
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
Signed forms, contemporaneous notes, interpreter use, decision-aid material, capacity assessment, witnesses and procedure details.
Clinical chronology
Reconstruct condition, decisions, interventions and response.
Individual duty
Distinguish practitioner, clinic, agency and executive roles.
Causation
Test competing medical explanations and legally assessed harm.
Articles that may enter the qualification
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 pageIllegal 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 pageRead 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 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 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.
Preserve the exact version of every consent document and distinguish missing paperwork from absent consent.
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 Georgia↗︎Law on Health Care↗︎Law on Patient Rights↗︎