Medical Malpractice Law

Criminal investigations against physicians are often based on allegations of medical malpractice. In these cases, the legal support of physicians requires a differentiated approach, also taking civil and employment law aspects into consideration. It is usually necessary to establish the process of diagnosis, therapy or surgery in detail and include medical experts to clarify the allegations and help prepare an effective defence.

Physicians and directors of hospitals are also investigated for submitting false claims. It requires special expertise to consult the relevant provisions for submitting claims for medical services towards the respective insurance providers. In this context, registered physicians are also accused of intentionally submitting false claims. Due to the complexity of the matter, investigations are often led by specialized investigation teams of the state police offices and under close cooperation with the Association of Statutory Health Insurance Physicians and social security carriers.

Investigations into physicians pose specific risks for their professional life. Apart from criminal penalties there are penalizations according to professional law through the respective medical associations, which may even result in license withdrawal.

Medical Criminal Law

In particular medical criminal law covers criminal investigations on suspicion of violation of German drug laws (Arzneimittelgesetz, AMG), of the Law on Advertising in the Health Care System (Heilmittelwerbegesetz, HeilmWG) and the Medical Devices Act (Medizinproduktegesetz, MPG). In this context, product safety and product marketing take centre stage. Criminal investigations usually target senior staff members of pharmaceutical companies and medical device manufacturers.

In addition, sponsoring activities by pharmaceutical companies and medical device manufacturers have recently been increasingly subject to criminal investigations.

We are criminal lawyers

We analyse the charges brought against you and develop solutions for your case. For this purpose, we can draw on decades-long specialized experiences, which allows us to achieve the optimal outcome. Of course we pay particular attention to various possibilities of proceedings being dismissed according to the Code of Criminal Procedure.