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The paper deals with the rights of the patients in case of the occurred damage during the medical intervention without an informed consent. The aim of the study is to bring forth and address the issues related to the informed consent of the patient.
An informed consent implies the permission granted by the patient, his/her relative, or a legitimate representative for a medical treatment after the patient has been made aware of all the risks and consequences of the procedure.
Despite the ethical handling and legal liability, legal informed consent judicial issues are still sustained. The aim of the paper is to suggest an effective operational model of the informed consent.
The paper discusses the concept of informed consent on a basis of Georgian legislation, patient-doctor related official-jural aspects, structure, which may interfere to defend the patient rights. In many cases the informed consent has only a formal nature.
Even though the respect towards the autonomy became a fundamental aspect in getting the informed consent, ambiguities in law prioritize the medical establishment. This paper serves a specific objective, i.e. to outline the shortcoming of legislation.
The paper considers the damage caused by the surgical intervention without an informed consent and the ways how to claim the compensation. However Georgian legislation shows that the rights of the patients are not comprehensive in many aspects, in particular, paying damages still is problematic and requires some alterations.
To maintain the accountability, equity, quality and safety during medical service it is important to explicitly highlight the problematic issues. All the issues which lead to vagueness while defending the rights of the patients should be accurately formulated in law. This paper discusses the topics which are obscure and controversial in our reality, related to the rights of the patients and the legislation.
