Doctor and medical criminal law

Medical criminal law is a complex area of law and basically covers all offenses that are related to medical care or treatment.

Criminally relevant accusations can be directed against doctors, dentists, therapists, nurses, midwives and other medical professionals or against hospitals and care facilities.

Criminal proceedings often result from the accusation of a treatment error (so-called “malpractice”), whereby the following criminal offences in particular can be the subject of investigations:

• negligent bodily injury, § 229 StGB (German Criminal Code)
• negligent homicide, § 222 StGB
• homicide on demand, § 216 StGB
• Medical euthanasia, § 217 StGB
• abortion, §§ 218 – 219b StGB
• failure to render assistance, § 323c StGB
• Offences under the German Medicines Act (AMG)

Treatment errors can not only have consequences under criminal law, but can also have consequences under professional law and give rise to civil law claims for damages and/or compensation for pain and suffering. We offer you a defense which, in addition to the goal of a favorable outcome of the criminal proceedings, also takes into account professional and civil law consequences.

In addition to allegations of medical malpractice, criminal proceedings in the area of medical criminal law are often also conducted on the basis of allegations of an economic offense.

The following offenses are particularly relevant:

• Billing fraud, § 263 StGB)
• breach of trust, § 266 StGB
• Bribery and corruptibility in the health care sector, §§ 299a, 229b StGB
• Violation of medical confidentiality, §§ 203, 204 StGB
• Issuance of incorrect health certificates, § 278 StGB
• Falsification of medical records, § 267 StGB
• Tax evasion, tax avoidance
• Corruption in the healthcare sector