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Medical Law

Your lawyer for medical law

Medical law affects all members of the healthcare professions, such as doctors, dentists, pharmacists, psychotherapists, physiotherapists, occupational therapists, midwives, nurses and many other healthcare providers. Medical law disputes often arise at the interface between treatment, information, documentation, organisation and billing. Possible violations can result in civil law, criminal law and disciplinary law consequences. Dr Elias Schönborn advises and represents clients throughout Austria in medical law matters, with a strategic overall view of civil liability risks, criminal defence, disciplinary consequences and reputation.
Doctor writing on a document at a desk with a laptop and stethoscope

Rapid Assistance with Civil Liability Issues

Many civil law disputes begin with a letter of demand: On the patient side, for example, a demand is made for the documentation to be handed over, a treatment error is alleged and damages and compensation for pain and suffering are demanded. It is precisely at this early stage that the decisive course is set.

We accompany you from the first to the last step and examine the initial situation, prepare the facts of the case in a structured manner and analyse your legal opportunities and risks. We also take care of strategic communication with the other party and the insurance company. Of course, we will also represent you in civil court proceedings after a claim has been filed and comprehensively protect your legal interests, including in appeal proceedings if necessary.

The following aspects are regularly relevant in civil law disputes in medical law:

  • Compensation for physical and psychological pain,
  • Damages, especially for medical expenses and loss of earnings,
  • Claims for declaratory judgement for possible future damages,
  • Complex evidentiary proceedings (witnesses, documents, regular medical expert reports),
  • Considerable cost risk (especially court and expert costs),
  • Insurance law issues (cover, obligations, recourse).

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Criminal Medical Law: From the Accusation to Criminal Investigation Proceedings

Medical law conflicts can also develop a medical criminal law dimension – sometimes parallel to civil proceedings or as a trigger for them. Typical are constellations in which criminal accusations are derived from a treatment or organisational processes, for example:

  • Allegations of negligent assault or negligent killing following an allegedly incorrect course of treatment or breaches of duty of care with regard to supervision or organisational issues;
  • Allegations of billing fraud due to allegedly incorrect representation of services to a payer,
  • allegations of corruption or unlawful benefits to healthcare professionals.

Depending on the accusation, the risks in criminal proceedings range from interrogations of the accused and searches of the medical practice and the associated confiscation of data and data carriers to the main hearing following the filing of an indictment and possible fines or prison sentences. Criminal proceedings are regularly accompanied by considerable reputational damage and practical consequences for the practice of the profession due to disciplinary law.

A consistent defence strategy is crucial: steps in civil proceedings or disciplinary proceedings must not unintentionally weaken the criminal position; conversely, criminal steps must not impair the position in civil or disciplinary proceedings. Due to his extensive experience in this complex area of law, Dr Elias Schönborn coordinates the respective proceedings in such a way that you act consistently, legally secure and strategically sensible in all strands. All acts of representation are carried out with a view to the overall situation so that your chances of a positive outcome of all proceedings are maximised.

Typical Case Constellations in Medical Law

Both civil and criminal law issues in medical law regularly arise in practice from complications, possible breaches of duty of care, communication problems, organisational issues or documentation and billing issues.

Typical constellations are in particular:

  • Treatment errors: Treatment errors can be based, for example, on decisions that are not medically indicated, treatments that are not carried out lege artis, complications in the course of treatment and errors in the context of delegations.
  • Neglect of documentation obligations: Documentation must be complete, timely, professionally traceable and personalised. In addition, questions often arise regarding the obligation to hand over treatment records.
  • Organisational fault: Risk-increasing circumstances include, in particular, inadequate organisational precautions, non-transparent internal processes in practices or hospitals, unclear allocation of responsibilities and a poor error culture. In the case of associations such as hospitals or group practices, offences can also result in corporate criminal law liability.
  • Billing errors: Discussions about fees, claims for reimbursement and suspected criminal offences relating to billing and services rendered often arise as a result of incomplete documentation, but also in the case of allegations of fraud. In this context, we also examine the possibility of cancelling penalties as part of the active repentance.

If you are confronted with a letter of demand, a civil lawsuit, disciplinary allegations or criminal accusations, or would like to assert claims yourself, feel free to contact us. We will help you to quickly gain clarity and strategically take the right next steps.

Dr. Elias Schönborn als erfahrener Rechtsanwalt und Strafverteidiger in Wien.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Suc­cess Sto­ries

Background: Following the death of a patient, our client was under investigation on suspicion of causing death by negligence. The case stemmed from a previous medical visit carried out at the patient’s home.

Challenge: The central issue was whether the patient’s state of health at the time of the examination would have necessitated immediate admission to hospital.

Approach: We analysed the documented symptoms, the chronological sequence of events and the relevant medical standards. In addition, we formulated specific questions for the expert appointed by the Public Prosecutor’s Office in order to clarify the key medical aspects of the case.

Result: The expert accepted our line of argument and confirmed that the treatment had complied with the relevant medical standards. The subsequent deterioration was not apparent at the time of the examination. The preliminary investigation was subsequently discontinued.

Background: An investigation was launched against an internist on suspicion of negligent bodily harm. He was accused of having ordered the suspension of a blood-thinning medication following a gastroscopy and colonoscopy, thereby causing the patient to suffer a further pulmonary embolism.

Challenge: The patient had previously suffered a pulmonary embolism. At the same time, several polyps had been removed during the colonoscopy, resulting in an increased risk of bleeding.

Approach: We analysed the treatment records, the specific risk assessment and the relevant medical guidelines, and submitted a written statement.

Result: The preliminary investigation was discontinued within a few months of our written statement being submitted.

Background: Our client was faced with incorrect billing to several health insurance providers totalling around EUR 500,000.

Challenge: In addition to substantial claims for repayment, there was a risk of criminal charges being brought for serious commercial fraud.

Approach: We reviewed the invoices in question, identified the amounts attributable to each health insurance provider and coordinated the full repayment. In doing so, particular attention was paid to ensuring that the conditions for active repentance were met.

Result: The full amount of the loss was repaid in good time. The client was therefore able to benefit from the statutory ground for exemption from punishment based on active repentance (Section 167 StGB). No criminal proceedings were instituted.

Background: Following a gross case of medical malpractice in hospital, our client claimed compensation for damages and pain and suffering.

Challenge: Enforcing these claims required a detailed review of the course of medical treatment and the resulting health consequences. At the same time, prolonged legal proceedings were to be avoided where possible.

Approach: We analysed the medical records, prepared the arguments regarding liability, quantified our client’s claims and conducted out-of-court negotiations with the opposing party and their liability insurer.

Result: The case was settled out of court with a payment that was highly satisfactory for our client.

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