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RIGHT TO HEALTHCARE AND
ACCESSIBILITY TO MEDICAL
SERVICE – INDIVIDUAL AND
COLLECTIVE RIGHTS OF
A PATIENT
NATIA TAMAZASHVILI
Caucasus University, Law School Master Student
Life and health of individuals – these are the concepts that we get information
about every day. Most often the public speaks about the violated rights of a patient.
However, only some of them know what legal mechanisms are there to
protect their rights.
It is interesting who is responsible for the violated right of a patient and what
role does the state play in that case, particularly, how does it regulate these issues
from a legal point of view and how it exercises control.
Each of us at a certain stage of our lives becomes patient. According to the
Georgian legislation, patient is “any person, who regardless of the health state,
uses, needs or intends to use the healthcare system service”. As a rule, a person
with a status of the patient establishes relations with a doctor, who carries out
medical activity. Definition of the medical activity is as follows: “professional
activity of a person educated in medicine with relevant skills and practical experience
whose purpose is to promote, keep and restore health of individuals, to
relieve them from pain in accordance with the recognized medical standards and
ethics norms as well as traditions” (The Law of Georgia “On Medical Activity”,
Article 5/a).
In order to implement the above-mentioned there is a need of existence of
those necessary preconditions that on their part will have a positive influence for
the defence of these rights during the relations between a patient and a doctor.
It is important to underline the circumstance that as a rule a patient goes to
visit a doctor with a certain problem. In this case, the doctor shall have an obligation
to fulfill his/her duties in good faith in order to prevent irremediable outcomes
in most cases.
We have elaborated several recommendations with the consideration of the
topic discussed above which are as follows:
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