through third parties based on Article 34.13 of the Law of Georgia on Licenses and Permits; and 5)
within the revision of the Mental Healthcare component of the Healthcare State Programme, to
examine the services provided in “acute cases” by the centre throughout August 2018.225
Stemming from the failure of the Bediani Psychiatric Clinic and its wrong financial policy, it is
important that the risks hindering the provision of uninterrupted medical services should be addressed
in the shortest time possible. It is important that such inspections should also be conducted in other
psychiatric establishments as well in order to exclude any obstacles to the provision of medical care.
5.7. LEGAL SAFEGUARDS
Similar to the previous years, the perfunctory practice of obtaining the patient’s consent does not
provide the patient with full, accurate and comprehensible information in a timely manner.226 This is
confirmed by the fact that the interviewed patients do not have any information about their rights and,
while some of them have signed the informed consent forms when placed in an establishment, they
constantly request to be discharged from the inpatient facility. Formally, voluntary and actually
involuntary inpatients (who are beyond judicial review) are unable to protect their rights. It is without
question that if a person is placed in an inpatient facility voluntarily, he/she has the right to refuse
treatment any time227 and leave that inpatient facility.228
Similar to the previous years, the internal complaints and feedback procedure in psychiatric
establishments can be deemed to be a mere formality, as patients almost never use this procedure or
complaint boxes. The interviewed patients are not aware of their rights and they have no information
as to whom they should address their complaints. It is important to take measures to address the
following issues: a) informing patients about their rights in the language they understand; b)
establishing a simple and accessible complaints procedure based on patients’ needs assessment; and c)
ensuring internal and external proactive monitoring. The National Preventive Mechanism also believes
that, when determining terms and other procedural issues related to handling complaints, it is crucial
to take into account the special needs of patients in psychiatric establishments and those practical
225
Inpatient acute care services include containing acute psychotic symptoms or treating behavioural or affective
symptoms that endanger the life and health of the patient or those around them.
226
Under Article 4.b) of the Law of Georgia on a Patient’s Rights,
b) informed consent - consent given by a patient or, if he/she is a minor, by the patient’s legal representative, to
providing certain medical care after he/she is informed of:
b.a) the essence and necessity of the medical care;
b.b) expected consequences of the medical care;
b.c) potential risks to the health and life of a patient related to the medical care;
b.d) alternatives to the planned medical care and associated risks and possible benefits;
b.e) expected consequences if the medical care is refused; and
b.f) financial and social issues related to the information specified in sub-paragraphs (b.a - b.e) of this article.
227 The Law of Georgia on a Patient’s Rights, Article 23.
228 The Law of Georgia on Psychiatric Care, Article 17.3.b).
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