Medical Criminal law

The term medical criminal law refers to the criminal liability concerning so-called “malpractices”. The risk profile of medical activities however demolished this tight corset.

It can be observed, that for some past time doctors have been increasingly exposed to accusations of accounting fraud. For these circumstances specialised public prosecution offices have been established during past years. Such procedures can become existence threatening since in case of a conviction, an already relatively low sentence can lead to the loss of the license to practice medicine and regularly comes with significant resource claims by the damaged public funding agency.

Disputes in billing in medical criminal law

In the area of billing medical services, it is distinctive that performers occasionally try to enforce their imagination and interpretation of this highly complex accounting law by means of criminal law. Billing disputes do not rarely lead to criminal charges and to the initiation of a conciliation procedure, particularly since the prosecution authorities, when deciding on the opening of an investigation proceeding, not seldom rely on more or less accurately examined legal execution of health insurances or associations of statutory health insurance physicians. In these cases skills concerning criminal as well as medical criminal law are vital.

Accusation of malpractice

Next to the comparably new problem areas, the topic of “malpractices” stays a current topic. Next to the actual treatment error this includes omissions during consultation and clarifications of the patient. Penal implications can result from deficiencies on organisation and technical equipment of the medical institution, since strict legal specifications apply due to reasons of health protections. For this section the term medical criminal law has been established.

The accusation of a treatment error or of a, for the patient disadvantageous, organizational fault is often connected to a complaint of involuntary manslaughter or negligent assault, since the complaint informer promises himself a free assessment of the case via the investigative prosecution whose outcome can subsequently be utilized within a civil proceeding for compensations. A competent defence, in close coordination with the medic’s or hospital employee’s civil representatives, is essential in such cases.

At ECKSTEIN & KOLLEGEN medical criminal law is a focus point of the defence capabilities. Thus we are familiar with the legal frameworks as well as with the practise of such procedures. If necessary, we will consult with our on medical- and accounting law specialised colleagues, in order to secure an optimal consultation and defence.