Initiating criminal proceedings brings with it a variety of undesirable consequences. It is therefore a top priority to refute allegations as quickly as possible to prevent further damage. The most drastic consequence of criminal proceedings is a final conviction. In most cases this includes a fine, but in extreme cases it can also include a prison sentence.

There can also be consequences according to professional regulations or from the medical association. In an emergency, this includes the withdrawal of the license to practice medicine in accordance with Section 6 of the Federal Medical Regulations.

It cannot be ruled out that mistakes happen in the everyday hospital life but depending on the severity and publicity of the allegations, criminal proceedings can cause massive reputational damage. In addition to the personal aspect, these can also cause significant economic losses. With our lawyers, you can also defend yourself against incorrect allegations in online reviews or other Google entries. Read more about this here.

Offenses that are important in medical criminal law include the following:

• Bodily injury offenses, Section 223 et. seq. of the German Criminal Code (StGB): these occur in particular if the patient was not properly informed, and the medical procedure was therefore carried out without the patient’s consent.
• Negligent homicide, Section 222 StGB
• Failure to lend assistance, Section 323c StGB: can occur if the treating doctor does not take all necessary measures to treat a patient or refuses treatment to an injured person in an emergency.
• Abandonment due to a violation of a duty to exercise proper care, Section 221 StGB
• Billing fraud, Section 263 StGB: this primarily covers billing for services not provided.
• Violations of medical confidentiality, Section 203 StGB
• Violation of the most personal sphere of life and personal rights through image recordings, Section 201 a StGB: relevant when creating unauthorized images of patients.
• Unauthorized abortion, Section 218 StGB
• Corruption and bribery, Section 299a and b StGB: this includes, for example, the preferential prescription of a medication whose manufacturer grants the doctor advantages.
• Issuing incorrect health certificates, Section 278 StGB: this also includes the issuance of a sick note that is issued despite the patient not actually being ill.

The offenses vary in terms of the punishment. Please contact us as soon as possible to determine which offenses may be relevant in your case.

Our approach when defending a client is based on:

• a detailed analysis of the facts,
• collaboration with medical experts
• and comprehensive knowledge of current case law and relevant legislation.

We deal intensively with the details of our client’s specific case to explore and analyse all relevant aspects. This also includes a thorough examination of employment contracts and existing professional liability insurances. This allows us to promptly address disputes or, if necessary, develop a sound defence strategy based on the circumstances of your case.

In order to clarify specific medical questions, our medical criminal law team works closely with medical experts from all fields. This allows evidence to be effectively analysed and precisely used for defence.

In medical criminal law there are regularly new judgments and regulations that reorganize the legal situation. As part of the latest developments in case law, it can be assumed that further tightening and, accordingly, further investigations will be initiated against doctors. Extensive knowledge of constant updates is therefore essential to strategically defend our clients.

If you fear the initiation of criminal proceedings, please do not hesitate to contact us. We are at your side and work to refute allegations in advance.

At Schlun & Elseven Rechtsanwälte, our expertise in medical criminal law caters to a diverse range of clients within the German healthcare sector. We are regularly engaged by:

• Managing Directors & Board Members: Executives entrusted with the governance and strategic decisions within healthcare institutions rely on our legal counsel to navigate complex legal landscapes.
• Supervisory Boards: For oversight bodies ensuring compliance and ethical practices, our firm offers comprehensive legal guidance and support.
• Doctors: Medical professionals seek our assistance to understand and comply with legal regulations, protecting their practices and licenses.
• Clinics, MVZ (Medizinische Versorgungszentren): Healthcare facilities, including MVZs, partner with us to ensure adherence to legal standards in their operations.
• Medical Device and Pharmaceutical Manufacturers: Manufacturers in the healthcare industry rely on our legal advice to navigate regulatory frameworks and compliance issues.
• Pharmacists: Professionals in pharmaceutical services benefit from our counsel in matters concerning regulations and business operations.
• Non-Medical Staff in the Healthcare Sector: Various personnel supporting healthcare operations seek our guidance to ensure legal compliance and ethical practices.

Our firm’s commitment to providing tailored legal assistance in medical criminal law enables us to serve the diverse needs of our clients within the German healthcare industry.