Administration of Justice in Medical Disputes Including a Competition of Legal Basis : Analysis of the Decisions of the Supreme Court of Georgia
Author : Ilnari kharanauli 31/07/2024
As usually, medical services are provided on the basis of a contractual relationship (Kharanauli, 2023). If the medical service provider harms the patient’s health which is in a contractual relationship with him/her simultaneously violates both the contractual obligation to fulfill agreed upon terms and the tortious obligation not to harm a person’s health. Thus, the liability of the medical service provider who is in a contractual relationship with the patient can be regulated by both contractual and tort terms. This means that in the disputes related to damage caused by medical services there is a competition of legal basis (kharanauli, 2023). Scientists have not yet reached a consensus whether contractual or tort law must be used in medical disputes or based on what criteria abovementioned competition of legal basis can be separated (Kharanauli, 2023). Courts of Georgia usually use tortious norm - Article 1007 of Civil Code in medical disputes even when there is a contractual relationship between the parties. There is analysed several decisions of the Supreme Court of Georgia within the presented article in order to be determined how is justified the decisions which regulate the liability of medical service provider who is in a contractual relationship with damaged person. The results of the research can be usefull to establish a uniform, stable and justified approaches in medical disputes including a competition of legal basis. In addition, the parties to dispute will be able to define the perspectives of the dispute correctly and prepare for the trial. Article DOI:https://doi.org/10.55367/IVHY6689