National Preventive Mechanism
According to the administration and medical staff of the Tbilisi Infant House, due to the health condition of beneficiaries, it often becomes necessary to transfer children to pediatric clinics, which has been a serious problem in the
recent period. In concrete cases, there is a risk of a lethal outcome. In connection with the aforementioned, on January
11, 2012, the Director of the Tbilisi Infant House addressed the Head of the State Care Agency in writing. However,
the aforementioned problem is yet to be resolved by the Ministry of Labor, Health and Social Affairs.
In the cases when, with the intervention of the Head of the Agency, beneficiaries of the Infant House are transferred
to an inpatient unit, they are usually provided with medical care with a delay, which can no longer be considered as timely
access to medical care. This pertains to newborns and children before the age of three when pathological processes
develop very fast and there is even a probability of a lethal outcome (death).
The above discussed violates Article 24 of the Convention on the Rights of the Child according to which, “States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the
treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her
right of access to such health care services.”
Article 133 of the Law of Georgia on Health Care indicates “Management of the medical aspects of decreasing of
child mortality and illness rate and provision of children with the highest attainable standard of medical care, first of
all with primary medical assistance, shall be a priority task for the healthcare system.154Analysis of the case of S.K. in
accordance with international and local legislative standards makes it clear that S.K.’s right to receive complete healthcare
services was violated.
Maintenance of Medical Records in Infant Houses
The obligation to maintain complete medical records is envisaged by Article 56 of the Law of Georgia on Medical
Activity, which indicates -“An independent provider of medical activity shall be obliged to maintain medical records for
each patient with the procedure established by the Georgian legislation… The medical records shall be complete. An
independent provider of medical activity shall fill out each part of the medical records file (personal, social, medical and
other data of the patient) completely; The information in the medical records shall be entered in a timely manner and
within established terms; The medical records shall equitably reflect all details related to the medical service provided
for the patient.”155
However, it should be noted that Forms #100 contained in the children’s medical development cards, that the Infant
House sent us, indicate to the contrary. The forms were filled out superficially and do not contain essential information
about examinations conducted. The forms often contain entries like this: “General blood tests taken and roentgenography of the chest conducted”; they say nothing of the results of examinations, which would be very valuable for the
pediatricians of the infant house and help them in the monitoring of further medical assistance.
Provision of Infant Houses with Medicines
As a result of the monitoring, it has been established that the institutions under the State Care Agency are provided
with medicines in a centralized manner, though there are individual cases when it becomes necessary to order additional
medicines that were not included in the annual list and the advance estimates. In such cases, the institutions address the
Ministry of Health and the latter provides assistance, which may sometimes come too late. In such a case, the heads of
the institutions have to purchase the medicines with their own funds.
A beneficiary of the infant house, five-year-old A.B., who, according to Form #100 included in the child’s medical card, was diagnosed with “residual motor disturbances caused by pediatric cerebral palsy, deep tetraparesis, and
154 The Law of Georgia on Health Care, Article 133, Paragraph 1
155 The Law of Georgia on Medical Activity, Article 56
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