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Medical Criminal Law
Medical Criminal Law

Lawyer for Medical Criminal Law

Medical criminal law covers criminal offences in the healthcare sector. This primarily affects doctors, pharmacists, hospitals, laboratories, nursing service providers, pharmaceutical companies and medical device manufacturers. Attorney Dr. Elias Schönborn has particular specialisation and many years of experience in this field and can advise and represent you in all matters relating to medical criminal law.
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Typical cases in medical criminal law

Classic case scenarios in medical criminal law include, for example:

  • Medical malpractice by doctors and medical staff
  • Billing fraud against social insurance institutions and other government agencies
  • Unauthorised benefits granted by companies to doctors and pharmacists
  • Corruption in the healthcare sector
  • Breach of trust and Commercial Criminal Law in the healthcare sector
  • Criminal offences against the Medicines Act, the Medical Devices Act, the Physicians Act or the Pharmacies Act
  • Violations of product safety regulations in the healthcare sector
  • Falsification of medical documents, prescriptions and certificates
  • Violation of patients’ rights, such as failure to provide proper information prior to a medical procedure
  • Unlawful practices during and after the coronavirus pandemic (such as illicit receipt of subsidies, falsification of vaccination and test certificates, fraud against public authorities)

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

Your specialised Attorney in medical criminal law

Advice and representation in medical criminal law requires not only special criminal law expertise, but also an understanding of the medical background and processes in the healthcare sector. Being accused of a criminal offence can result in a considerable loss of reputation for the individuals and companies concerned. In addition, doctors and pharmacists affected must fear not only criminal but also disciplinary consequences, including the loss of their licence.

Dr. Elias Schönborn has many years of defense and advisory experience in medical criminal law and is one of the leading academic authors in this area of law (see, for example, Schönborn, Korruption im Gesundheitswesen, 2019). In the context of Criminal Defense, Dr. Schönborn assists doctors, pharmacists, hospitals, companies and manufacturers active in the healthcare sector, for example. He also offers support in the course of Preventive Advice and Compliance, for example in the area of anti-corruption, in order to avoid criminal law risks.

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 gross negligence. The doctor had previously examined and treated the patient in hospital.

Challenge: The case was medically complex and initially characterised by expert opinions that were unfavourable to our client. The decisive factors were the standard of medical practice at the time of treatment and the question of whether the subsequent death could have been avoided had a different course of action been taken.

Approach: We reconstructed the course of treatment using the patient’s medical records, specialist medical literature and relevant guidelines and, following a meticulous analysis of the case, submitted a statement of approximately 60 pages, complete with numerous appendices. In addition, we formulated specific supplementary questions for the experts in the form of motions for evidence. A total of six medical expert reports were obtained.

Result: The supplementary expert reports confirmed key points of our argument. On this basis, we applied for the preliminary investigation to be discontinued. The Public Prosecutor’s Office accepted this application and discontinued the proceedings.

Background: Following the death of a patient, our client found himself facing proceedings on suspicion of manslaughter by negligence. The focus was on a home visit that had taken place previously.

Challenge: In particular, it had to be clarified whether the patient’s condition at the time of the home visit had already necessitated immediate admission to hospital and whether a bacterial superinfection in the form of pneumonia, which developed later, had been recognisable at that time.

Approach: Based on the documented symptoms, medical literature and guidelines, we established that, from an ex ante perspective, the treatment had been carried out in accordance with best practice and that there were no clinical indications for immediate hospitalisation. In addition, we formulated specific questions for the medical expert appointed by the Public Prosecutor’s Office.

Result: The expert confirmed our defence position. The Public Prosecutor’s Office subsequently discontinued the preliminary investigation immediately.

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

Challenge: The patient had already suffered a pulmonary embolism several years earlier and was therefore taking a blood-thinning medication on a long-term basis. Several polyps had been removed during the colonoscopy. The key issue was therefore whether the continued suspension of the medication was medically justifiable in view of the existing risk of bleeding, or whether an earlier resumption of treatment or an alternative therapy would have been necessary instead.

Approach: We analysed the course of treatment, the specific risk assessment and the relevant medical guidelines, and submitted a written statement. In doing so, we demonstrated that, at the relevant time, there were no clinical signs of an increased risk of thrombosis and that continuing to suspend the blood-thinning medication was medically justifiable due to the increased risk of bleeding.

Result: On the basis of our arguments, the expert confirmed that the treatment had been carried out in accordance with best medical practice. The preliminary investigation was discontinued within a few months.

Background: Our client was faced with incorrect invoices submitted to health insurance providers amounting to around half a million euros.

Challenge: There was a significant risk of criminal charges being brought for aggravated commercial fraud. At the same time, quick action was required, as compensation for damages in the form of “active repentance” – which would exempt our client from criminal liability – is only possible under certain conditions.

Approach: We reconstructed the invoices, determined the amounts to be settled with the respective health insurance providers and coordinated, behind the scenes, the full compensation of damages before any criminal proceedings were initiated.

Result: The entire amount was repaid discreetly and in good time, before the prosecuting authorities became aware of our client’s wrongdoing. This meant that the conditions for active repentance were met. As a result, a criminal investigation was avoided.

Background: Our client, a surgeon, was reported to the authorities by a patient for causing severe bodily harm and forgery of documents. He was accused of failing to carry out spinal surgery in accordance with accepted medical standards and of subsequently altering the medical consent form.

Challenge: The allegation concerned both the medical treatment and the medical documentation. In addition to the question of whether medical negligence had in fact occurred, it was therefore necessary to clarify whether a subsequent correction to the informed consent form could constitute the criminal offence of forgery.

Approach: We submitted a comprehensive written statement and demonstrated that the treatment had been carried out in accordance with best practice. At the same time, we highlighted that the subsequent correction to the consent form had been explicitly marked as such and therefore did not constitute forgery of a document.

Result: The Public Prosecutor’s Office accepted our arguments and discontinued the preliminary investigation shortly afterwards.

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