Expertise

Medical criminal law

Criminal proceedings have always been pursued against doctors and hospital managers on the grounds of allegations of involuntary manslaughter or bodily injury resulting from negligence. Meanwhile specialist public prosecutors and police officials are increasingly carrying out investigations due to suspected submissions of false claims, breaches of trust or corruption. The same is true of supposed infringements of the German Medicine Act and the German Narcotics Act. The investigators are supported above all through associations of statutory health insurance doctors, health insurance agencies and private health insurance companies. The pressure to prosecute those involved has increased significantly in recent years.

We assist doctors who have been accused of such crimes in establishing a reliable defence in preliminary and main proceedings. Thanks to our particular specialisation in medical law, we are able not only to bear in mind the possible consequences of an unfavourable outcome on licences to practice medicine and approvals for contracted doctors, but we can also assess the facts professionally and develop the best possible defence strategy.

Since healthcare often carries criminal law risks, effective compliance for the protection of on-the-spot practitioners is particularly vital.  We develop appropriate compliance programmes in collaboration with our clients and support them in their implementation.

In the same manner we advise other parties in the health care sector including pharmacists, hospitals, laboratories, healthcare facilities, pharmaceutical companies and manufacturers of medical devices. Since these areas are also highly regulated, there are many opportunities for criminal investigation, through which we support our clients.