The so-called medical criminal law includes all offences that are related to activities in the health sector. This concerns doctors as well as other medical professionals (physician's assistants, nurses, MTAs, etc.), managers or employees of outpatient care services as well as those of nursing homes, pharmacists or employees from the pharmaceutical and health care industry.
In this context, an improving medical and nursing care is contrasted by a significant increase in investigative procedures.
Typical (and at the same time the most frequent) criminal offences in medical criminal law are
- Negligent bodily injury or negligent homicide as a result of consultation, information and treatment errors
- Billing fraud
- Breach of trust
- Acceptance of advantage/bribery
In addition, there are of course other criminal offences, such as
- Failure to render assistance
- Breach of medical confidentiality
- Falsification of medical records
- Criminal offences against norms from the Competition Act, the Medicines Act, the Therapeutic Products Advertising Act, etc.
Anyone who, as a responsible person in the health sector, is faced with a criminal accusation should not hesitate to call in a criminal defence lawyer specialising in this field as early as possible.
In addition to the accusation itself, the direct and indirect consequences under professional and/or civil law can be considerable:
- (Suspicion of) termination of an employment relationship
- (temporary) disbarment
- Suspension or revocation of licence to practise
- Suspension or revocation of health insurance authorisation
- Loss of the status of managing director (GmbH - care services)
- Liability under insurance law
- Compensation for pain and suffering etc.
Medical criminal law is one of the special areas of focus of my law firm. I support my clients with experience and expertise, whereby the goal should always be to exhaust all available criminal procedural rights and possibilities at the earliest possible time.