Medical liability law and medical criminal law are “special criminal laws” for healthcare participants. Typically, this field of law includes cases of corruption in the health sector (Sections 299 a, 299 b, 300 of the German Criminal Code (StGB)). In addition, the provisions of the Criminal Code and of the Medicines Act (AMG) that apply to everyone, develop their own scope and dynamism in criminal proceedings against physicians. Furthermore, the provisions of the Medical Devices Act (MPG), i.e. regulations on the handling of pharmaceutical products and medical devices, are of great importance in practice.
Investigations and criminal proceedings against doctors, pharmacists and other persons relating to these professions can result in existential consequences since even a conviction for a fine may result in the withdrawal of the approval and an occupational ban.
Medical criminal law encompasses
- any medical malpractice that results in negligent physical injury in accordance with Section 229 of the StGB or negligent homicide in accordance with Section 222 of the StGB,
- billing fraud,
- breach of trust,
- acceptance of benefits,
- bribery in the health care system,
- lack of or insufficient consent of the patient to medical interventions, which may lead to an investigation being initiated if a criminal complaint has been filed.
As an experienced criminal defender of doctors and pharmacists, Juergen Klengel offers efficient advice in the field of medical liability and medical criminal law as well as a sound and responsible defense focusing in particular on the avoidance of reputational damages.