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).
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.
