Medical
criminal law
Attorney for doctors, pharmacists, caregivers and nurses
In times of advancing medical possibilities, the professional demands on you as a doctor, nurse, care givers and pharmacist are increasing. This also increases the expectations of patients and relatives. If these expectations are not met, too often criminal proceedings in medical criminal law are the result.
Consequences in
medical criminal law
The accused ones face fines and even prison sentences. In addition, further sanctions that can destroy a person’s livelihood are possible. These include the suspension or withdrawal of a licence to practise medicine or a health insurance licence and claims for damages in horrendous amounts. Even in the event of an acquittal, a public trial can at least jeopardise the reputation and good name of those affected.
Effective defence in
medical criminal law
To a certain extent the defence against medical offences is comparable to the treatment of your patients. In addition to a realistic assessment of the situation, it requires a customised strategy. In my experience, those affected can often be spared a public trial through early and competent counselling as well as quick and proactive action.
Examples of medical offences
- Breach of confidentiality obligations
- (Negligent) bodily injury, Sections 223, 224, 226, 229 German Criminal Code (StGB)
- (Negligent) homicide, Sections 211, 212, 222 German Criminal Code (StGB)
Offences against the
- Medicinal Products Act (Arzneimittelgesetz, AMG)
- Narcotics Act (Betäbungsmittelgesetz, BtMG)
- Transplantation Act (Transplantationsgesetz, TPG)
Allegations of fraud and corruption in medical criminal law
The public prosecutor’s office is increasingly investigating doctors and other service providers in the healthcare sector for billing fraud (Section 263 German Criminal Code, StGB) as well as corruption and bribery (Sections 299a, 300 StGB). These proceedings in medical criminal law are often based on complaints from associations of statutory health insurance, which increasingly feel called upon to do so. Law enforcement and investigating authorities are reacting to this increased numbers of complaints by setting up so-called special departments. Only an equally specialised lawyer is therefore able to steer the proceedings at an early stage through competent measures and ideally bring them to a halt.
Prevention through expert training
In addition to defending against allegations in the field of medical criminal law, I also provide preventive advice and training. This advice is relevant for doctors, pharmacists, nurses and caregivers as well as executives in the healthcare sector.
Possible topics are
- Duty of confidentiality
- Scope and documentation of disclosure obligations
- Information on new regulations, for example to combat corruption in the healthcare sector
