PATIENT'S RIGHT TO QUALITY MEDICAL CARE: NATIONAL AND EUROPEAN STANDARDS

This article aims to conduct a doctrinal-normative analysis of the patient's right to quality medical care as an independent right category in the context of the Georgian legal system and European/international standards. The study is based on a comparative approach and includes the legal framework of the European Union (including Directive 2011/24/EU, Council Conclusions 2006/C 146/01, Commission Communication 2008 on patient safety), Recommendation Rec(2006)7 of the Committee of Ministers of the Council of Europe, WHO, OECD and ISO/EN standards (ISO 9001, ISO 15189, EN 17398:2020), as well as the relevant case law of the European Court of Human Rights. The analysis of the above sources shows that in the modern European space, “quality medical care” is perceived as a positive obligation of the state, which requires not only professional ethics and clinical standards of medical personnel, but also systemic transparency, risk-based supervision, and real involvement of patients. A comparative analysis of local and international standards reveals that the Georgian normative framework largely agrees with the basic principles that link quality medical care with patient safety, accessibility, and equality. In this regard, the Georgian legal framework reflects the minimum requirements that are defined in international standards for ensuring patient-centered, safe, and quality medical care. The study points to several critical areas: the absence of a definition of “quality” as a legal category; insufficient institutionalization of a unified national strategy and indicators for quality and safety; fragmentation of mechanisms for reporting and analyzing adverse medical events; and weak normative integration of patient engagement standards. The above challenges are not formulated as systemic criticism, but rather reflect areas where convergence with European standards and legal/institutional strengthening are necessary for the real implementation of the fundamental human right to health care. The conclusion proposes recommendations aimed at further strengthening quality medical care as a constitutionally protected and harmonized patient right in line with European standards: strengthening quality and safety policies, strengthened implementation of normative standards for patient engagement, strengthening mechanisms for state supervision, systematic monitoring and accountability, consistent and systematic approach to ISO/EN standards, which ensures not only formal compliance, but also practical implementation of quality management mechanisms.