Criminal medical law and medical law
The area of criminal medical law and medical law has also grown in importance in recent years. The allegations against doctors, pharmacists and other service providers in the health care sector are diverse, and the number of criminal proceedings against those responsible has recently increased significantly. This creates a considerable burden for those affected.
The attorneys at H2W Criminal Law advise and defend all those subject to criminal investigations in the health sector. This includes:
- Medical assistants,
- Nursing staff
Other companies, their bodies and entrepreneurs also often seek advice from our attorneys. This includes for example:
- Individual hospitals and clinics,
- Pharmaceutical companies
whom we regularly stand by and whom we consult accordingly when measures are taken against the respective associated employees.
The allegations that doctors, pharmacists and other service providers face in criminal proceedings could not be more varied. In the context of criminal medical law and medical law, the following offenses are particularly relevant in practice:
- Negligent bodily harm / negligent homicide (so-called malpractice),
- Failure to provide assistance,
- ärztliche Sterbehilfe/ Tötung auf Verlangen,
- Billing fraud,
- Korruption im Gesundheitswesen,
- Corruption in health care,
- Breach of contract,
- Forgery of documents (patient files),
- Issuing incorrect health certificates.
Current questions in connection with the coronavirus
The corona pandemic raises fundamental questions that doctors and medical staff have to deal with in an emergency situation. Many doctors feel alone and fear that a triage situation will end up in a gray area under criminal law. On March 26, 2020, a merger of various professional associations published clinical-ethical recommendations for decisions on the allocation of resources (available at: https://www.divi.de/aktuelle-meldung-intensivmedizin/covid-19-klinisch-ethische-empfänger-zur-entscheid-ueber-die-zuteil-von-ressourcen-veroeffentlicht). However, legal questions remain. We are at your side in the event of questions.
The expertise of the attorneys at H2W Criminal Law in the field of medical and criminal medical law allows us to take a wide variety of perspectives and to recognize and evaluate existing risks at an early stage. Preliminary consulting opens up the possibility, ideally, of opposing the initiation of criminal proceedings. However, even investigations that have already begun do not automatically have to mean a (public) hearing or even result in a judgment for the respective defendant of the criminal allegations – we can advise you competently and comprehensively here as well.
In addition to advice and defense in criminal and administrative offense proceedings, the attorneys at H2W Criminal Law also keep an eye on all conceivable consequences. We are therefore also active in professional and disciplinary proceedings in the area of medical and criminal medical law. We not only support the respective service provider at court and take over communication with the public prosecutor, but also help you in the context of a preliminary consultation to understand the scope of the allegations – not only in criminal law, but also in professional law – and clarify the interactions between the areas mentioned above as well.
If you have any questions, or would like a (preliminary) consultation, contact us by email or phone. We would be happy to advise and defend you.