Competent criminal defence and preventive Counselling
Medical criminal law is a challenging and multifaceted area of law that has become an even greater focus of law enforcement authorities in recent years.
Even the initiation of a criminal investigation can have serious consequences for doctors, pharmacists and other healthcare professionals. Not only do criminal investigations often threaten professional livelihoods in the event of a conviction, they can also lead to considerable reputational damage.
As experienced criminal defence lawyers, we offer you a well-founded and committed defence as well as preventive advice in all relevant areas of medical criminal law.
Criminal Defence in Medical Criminal Law
The healthcare sector is subject to strict regulation, particularly in the area of billing and economic cooperation. Some federal states have even set up specialized public prosecutors’ offices to investigate allegations of corruption and billing misconduct.
We defend you against accusations such as
- Billing fraud (§ 263 StGB), in particular against health insurance companies and other cost bearers,
- Corruptibility and bribery in the healthcare sector (§§ 299a, 299b StGB), for example in connection with the granting of benefits by pharmaceutical companies or manufacturers of medical products.
- embezzlement (§ 266 StGB), e.g. due to breaches of the economic efficiency requirement vis-à-vis health insurance companies
- Tax evasion (§ 370 AO)
- Forgery of documents (§ 267 StGB), e.g. patient records
- Issuing false health certificates (§ 278 StGB)
Our law firm has extensive expertise in the criminal defence of doctors and other service providers who are confronted with allegations under commercial criminal law.
We precisely analyze the factual and legal situation and develop an individually tailored defence strategy to effectively protect your rights.
Defence Against Allegations of “Malpractice”
Although not every treatment failure or the occurrence of complications indicates “malpractice”, such allegations (negligent or intentional bodily injury or homicide) are being made more and more frequently by patients or relatives.
Investigation proceedings for negligent or intentional bodily harm or homicide against a healthcare professional can result in serious sanctions as well as considerable non-criminal consequences.
Such accusations are often based on
- diagnostic or therapeutic errors,
- failure to provide information, or
- wrong decisions in emergency situations.
We are at your side if you are accused of negligent bodily injury (§ 229 StGB), intentional bodily injury (§ 223 StGB) or negligent homicide (§ 222 StGB).
Due to our experience beyond criminal law, we also keep an eye on further consequences of the accusations during your defence.
It is not uncommon for accusations in the area of medical criminal law to also trigger civil law consequences (e.g. claims for damages) as well as professional law consequences (up to and including the withdrawal of a doctor’s license to practice medicine or a health insurance license).
We defend you professionally and discreetly against such accusations and are committed to a proper assessment of the medical and criminal law aspects.
Preventive Counselling on Criminal Law
Collaborations with other service providers or companies are commonplace, particularly in the healthcare sector. However, not every economic cooperation is unobjectionable under criminal law.
We provide you with comprehensive advice on:
- Structuring legally compliant collaborations, in particular between doctors, hospitals, pharmacies and pharmaceutical companies,
- Avoiding criminal law risks in billing and fee models,
- Compliance strategies to minimize risks.
By obtaining legal advice at an early stage, risks of criminal liability can be avoided and investigations can be prevented.
Your Experts in Medical Criminal Law
Our law firm is at your side with extensive experience, strategic vision and a high level of professional expertise. Whether criminal defence or preventive advice – we will stand up for your interests. Contact us for discreet and professional advice.
