German Healthcare & Life Sciences
Lawyers

Many legal provisions have always regulated the life sciences and healthcare sectors. Therefore, effective cooperation between the individual players in the healthcare sector is only possible if the areas of law involved are subjected to careful legal examination in advance. This applies to the authorisation law applicable to the service provider (pharmaceutical and medical device law) and professional regulations (e.g. radiation protection law). Furthermore, vital aspects such as data protection, anti-corruption laws and ethical issues must be considered when planning and implementing a joint project.

Whether you want ongoing legal support and partnership with our firm or need a lawyer for a one-off legal dispute, our legal team is here to help you with any legal matter. Our multidisciplinary approach allows us to provide clients in the healthcare industry with high-quality legal advice in various areas. In addition to medical law, we offer doctors, practices and clinics legal advice in German corporate law, tax law, intellectual property law and reputation management.

Our clients include hospitals, healthcare systems, clinics, health insurance companies, academic medical centres, and retail pharmacies.

It is vital to have solid distribution networks with legal protections in place in the life sciences industry. Our lawyers are experienced negotiators, have a deep knowledge of commercial law in Germany, and can provide the necessary guidance for your company’s design of distribution and supply networks. Our team regularly designs and reviews contracts for our clients and can ensure that your contracts fulfil your demands while considering the unique aspects of the industry. Specific agreements our lawyers advise on in the life sciences and healthcare industries include (but are not limited to):

• Clinical Study Agreements,
• Collaboration and License Agreements,
• Manufacturing Agreements,
• Partnership Agreements,
• Research Service Contracts,
• Technology Transfer Agreements.

2020 has shown the value of force majeure clauses in distribution agreements and how and when they can be enforced. Allow our experts to analyse your contracts and distribution and supply agreements.

Our German corporate lawyers advise companies on the most critical legal issues relating to corporate structuring, reorganisation, and mergers and acquisitions. Furthermore, our lawyers use their industry-specific expertise to review our clients’ business models. We advise new companies wishing to enter the market and experienced companies seeking to restructure.

In the case of expansions and mergers, we advise our clients on the legally compliant realisation of their corporate objectives so that all competition law requirements are considered and fulfilled. Many regulations further complicate mergers and acquisitions in the healthcare and life sciences sectors. As experienced negotiators, our legal team uses its industry-specific expertise to guide your expansion and ensure success. In addition, our lawyers advise our clients in detail on the potential antitrust violations of competitors and the options for taking legal action.

At Schlun & Elseven Rechtsanwälte, our employment lawyers advise and support those in the healthcare and life sciences industries across the board in legal matters. German law provides strong protections for employees which means support from experts in employment law cannot be overlooked. Avoiding legal disputes where possible is important in order to save time and finances as well as for employee morale.

Allow our employment law experts to design and implement suitable policies within the workplace which consider not only the legal requirements but also best-practice procedures within the industry. Such policies include anti-bullying and harassment policies, disciplinary procedures as well as collective bargaining systems.

As certified specialists in the field of employment law, Dr. Thomas Bichat and Mr. Jens Schmidt provide our clients in the healthcare and life sciences industries with excellent assistance and support in employment cases. Should a case reach the labour court, our experts can oversee the case and provide you with leading representation.

When legal disputes arise, your company will require lawyers with the required depth of experience and track record. From criminal cases for alleged medical negligence to commercial litigation and civil disputes and enforcement procedures, we have the legal professionals at Schlun & Elseven Rechtsanwälte. Furthermore, our expert lawyers are available to provide considered legal opinions for our clients on issues concerning contractual clauses and the correct implementation of legislative requirements.

Our lawyers, certified experts and former public prosecutors assist our clients throughout the process, from initial investigations and preparation to the court case and any subsequent appeals. Your business’s long-term and short-term goals will be kept central to our strategy throughout the process. We advise clients on dispute resolution mechanisms, such as arbitration, out-of-court settlements, negotiation and, if necessary, litigation.

Our medical negligence lawyers provide private hospitals and other medical practitioners with clear advice concerning practices they can implement to reduce the risk of medical negligence cases arising. Such cases are time-consuming, costly and can hugely impact the professionals involved. Avoiding them at all costs is a priority for those in the medical industry. § 630a (2) BGB outlines that:

Unless agreed otherwise, the treatment must take place according to the medical standards that are generally recognised at the time of the treatment.

Having measures in place to ensure that the practices implemented are of the required standard is of the utmost importance. Allow our lawyers to analyse the measures implemented and the standards expected and then provide your medical practitioners with targeted legal advice.

Should the issue reach the stage where your group needs legal support, our lawyers can also be relied upon to represent you in court.

Efficient whistleblowing systems are crucial for companies to ensure that grievances are resolved internally. Such grievance mechanisms should be secure, confidential, and effective and meet the standards required by law. The absence of such systems can motivate those affected to go public with their complaints. The resulting reputational damage can have severe consequences for the company, such as loss of customers and sales.

Since the Whistleblower Protection Act came into force on 2 July 2023, all German companies with more than 249 employees must set up an internal whistleblower system. Companies that fail to fulfil this obligation will face considerable legal consequences (including severe fines) from December 2023.

To provide companies with the support they need to implement this legal requirement, the German law firm Schlun & Elseven Rechtsanwälte offers committed, tailored service. Our lawyers will be happy to advise you on the specific preventive measures you can take to prevent whistleblowing and fulfil all legal obligations effectively. By implementing an efficient whistleblowing system certified following the applicable ISO standard, we ensure that whistleblowers are protected according to regulations. At the same time, your company benefits from the information. We stand up for you so that your rights and interests as a company are protected.