Medical and Healthcare Criminal Law
Medical and healthcare criminal law is a complex area of law and fundamentally encompasses all offenses related to medical care or treatment.
Criminally relevant allegations may be directed against physicians, dentists, therapists, nursing staff, midwives, and other medical professionals, or against hospitals and care facilities.
Criminal Proceedings in Medical and Healthcare Criminal Law
Criminal proceedings in medical and healthcare criminal law often result from allegations of medical malpractice (so-called “professional error”), whereby the following criminal offenses in particular may be the subject of investigations:
- negligent bodily injury, § 229 StGB
- negligent homicide, § 222 StGB
- killing upon request, § 216 StGB
- medical assistance in dying, § 217 StGB
- abortion, §§ 218 – 219b StGB
- failure to render assistance, § 323c StGB
- violations under the Medicinal Products Act (AMG)
Medical malpractice can not only have criminal consequences, but also entail professional disciplinary consequences and give rise to civil claims for damages and/or compensation for pain and suffering. We offer you a defense that, in addition to the goal of a favorable outcome in criminal proceedings, also takes into account professional and civil law consequences.
In addition to allegations of medical malpractice, criminal proceedings in the field of medical and healthcare criminal law are often conducted on the basis of allegations of economically motivated offenses.
The following offenses are particularly relevant:
- billing fraud, § 263 StGB
- breach of trust, § 266 StGB
- bribery and corruption in healthcare, §§ 299a, 229b StGB
- breach of medical confidentiality, §§ 203, 204 StGB
- issuance of false health certificates, § 278 StGB
- falsification of medical records, § 267 StGB
- tax evasion, tax reduction
- corruption in healthcare
Engage Defense Counsel in Medical and Healthcare Criminal Law Early
A conviction in medical and healthcare criminal law often entails serious professional and personal consequences. In addition to fines or imprisonment, there is the threat of loss of medical license, revocation of authorization as a contract physician, or a professional ban, which jeopardizes one’s entire professional and economic existence . Even in cases of minor offenses, professional disciplinary sanctions or the loss of trust with patients may result.
The prompt engagement of a specialized defense attorney is therefore crucial in order to develop an effective strategy from the outset, avoid potential errors, and maximize the chances of a positive outcome in the proceedings. An experienced attorney can not only provide legal support, but also mitigate the often stressful personal situation for affected physicians and medical professionals and consistently represent their interests. Should you therefore be confronted with allegations, do not hesitate to contact us as quickly as possible.