Medical criminal law2025-05-16T10:15:41+02:00

Advice and legal support in Medical Criminal Law

Even the “demigods in white” are not immune to being targeted by Criminal Investigations in the course of their core activities in the area of public health care.

Medical and Medical Criminal Law is a specialized area of law that covers Criminal Law Issues in connection with medical and medical activities. It relates to criminal offenses committed in a medical context, whether by doctors, nursing staff or other medical service providers. Medical Criminal Law plays an important role in Commercial Criminal Law, as many cases of Fraud, Embezzlement, Bribery or Unlawful Billing in the healthcare sector can also have criminal consequences.

Specialists in Medical Criminal Law

As a law firm specializing in White-Collar Criminal Law, we offer comprehensive advice and defense in all areas of Medical Criminal Law.

Support for medical professionals

Medical Criminal Law regulates in particular criminal offenses in connection with medical care and billing. It affects all medical professionals, but also companies and institutions operating in the healthcare sector. Our clients come from various areas of the healthcare sector:

  • Doctors and pharmacists,
  • Midwives and physiotherapists,
  • Clinics and medical care centers and their service providers (e.g. cleaning companies, etc.),
  • Laboratories,
  • Medical device manufacturers and pharmaceutical companies and
  • Emergency services

The most common offenses include:

Bodily injury and negligent bodily injury (§§ 223, 229 StGB)2025-05-12T11:40:04+02:00

In the medical context, bodily injury can occur in the event of treatment errors or improper use of medical devices. In addition, bodily injury may also occur if the patient was not properly instructed.

Fraud in the healthcare sector (§ 263 StGB)2025-05-12T11:39:12+02:00

Fraud is a frequently occurring offense in medical criminal law and relates in particular to the unlawful billing of services to health insurance companies or private patients. This can take the form of false invoices or services not rendered.

Infidelity (§ 266 StGB)2025-05-12T11:38:29+02:00

Doctors or clinic managers who misuse the financial resources of the healthcare system or their own practice, for example through the unlawful use of cash funds or the embezzlement of funds, are guilty of embezzlement.

Bribery and corruption in the healthcare sector (§§ 299a, 299b StGB)2025-05-12T11:37:56+02:00

Bribery and corruption are also important in the medical sector. Doctors or hospital managers can be liable to prosecution if they violate public procurement regulations, receive unlawful payments for the allocation of patients or the selection of suppliers.

Violation of the Medicinal Products Act (§ 95 AMG)2025-05-12T11:36:59+02:00

Unauthorized trading in prescription-only medicines or dispensing medicines without the necessary prescription can lead to serious criminal penalties.

False health certificates (§ 279 StGB)2025-05-12T11:40:30+02:00

Issuing false health certificates or certificates of incapacity for work is a criminal offense and can lead to investigations and criminal prosecution.

Strong defense in Medical Criminal Law – how to protect yourself:

Medical professionals, clinic managers or practice owners who are involved in a Criminal Investigation must expect criminal consequences. The consequences of criminal proceedings under Medical Law are not only of a legal nature, but also have professional and personal consequences: A corresponding conviction can lead to the loss of a license to practice medicine or the revocation of a license to practice medicine; furthermore, a professional activity ban can be imposed. Criminal proceedings can also significantly damage trust in medical competence and integrity, which can have a negative impact not only on the doctor’s reputation, but also on patient trust and the financial situation of a clinic or practice. In addition to the consequences under criminal law, patients or other parties such as health insurance companies can also assert claims for damages under Civil Law if damage has been caused by the medical treatment.

The defense in Medical Criminal Law requires in-depth knowledge of the relevant regulations and current case law, including social law. In addition to the necessary technical and factual argumentation based on medical reports, the facts and evidence as well as the question of intent must always be addressed.

Medical criminal law is an important part of Commercial Criminal Law and affects not only doctors, but also other healthcare professionals and institutions. In the event of investigations or charges, it is crucial to act quickly and professionally in order to minimize criminal and professional consequences.

Your strong partner in Medical Criminal Law

Our law firm provides comprehensive legal advice and defence for anyone working in the medical sector who is facing criminal charges. Contact us for a personalized consultation and learn how we can help you protect your legal interests in Medical Malpractice and Medical Criminal Law.

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