In medical criminal law, sanction risks for medical practitioners and companies have also increased considerably in the last few years. Apart from “classic” proceedings focusing on the accusation of medical malpractice (categorised as “bodily harm” under criminal law) or violations of medical confidentiality (categorised as “violation of private secrets” under criminal law), the number of investigations revolving around white-collar crimes in the medical sector, in particular, has been increasing further. Physicians, dentists, pharmacists, as well as hospitals, laboratories, and other service providers are increasingly confronted with accusations of accounting fraud, embezzlement, or corruption in the healthcare sector as well as punishable regulatory offences (e.g. under the German Medicinal Products Act [Arzneimittelgesetz, AMG]).
We have many years of experience in advising physicians and hospitals in criminal investigation proceedings and in the precautionary prevention of criminal and professional risks. If necessary, we, in our role of authorised representatives, also file constitutional complaints – as illustrated by the successful outcome we achieved in the case of the 2015 German law that had criminalised assisted suicide services. When providing advice, we always keep potential consequences under professional law in mind (e.g. for a doctor’s licence). In special issues revolving around medical or social-security law, we can liaise with our extensive network of cooperation partners from renowned law firms at any time.