Consulting for medical law

Criminal law ◆ Medical law ◆ Compliance | Legal Consulting ◆ Criminal Defense

Medical Law Consulting

The need for medical law consultation can be multi-faceted, with the possibility to include perspectives of corporate law, contract law, liability law, social law, labor law, hospital law, medical devices and pharmaceutical law as well as criminal law (see criminal law risks). Since the aim of our firm is to provide our clients with high-quality counsel, and we believe this is not possible for all areas of law, the firm has specialized further within medical law (see areas of law).

In order to cover intersections with other areas of law and be able to offer our clients comprehensive medical advice, we work together with a network of attorneys, whose expertise we call upon if necessary.

The increasing mechanization and legalization of medicine makes early advice on compliance with medical law particularly important. Subsequently, any legal gaps in practice and hospital organization can be identified and addressed using suitable measures.

In this context, the firm's range of advisory services includes e.g. advice in relation to

  • legal issues relating to a course of treatment (e.g. information, consent, organization, patient discharge, etc.), including the use of telemedicine
  • handling, criminal responsibility and liability for treatment errors
  • the design of practice and hospital organization in conformity with data protection and confidentiality requirements
  • the participation of private investors in medical care centers (MVZ) and dental care centers (ZMVZ), as well as in hospitals
  • the legally compliant structuring of participations and the like of doctors and dentists in laboratories and the like with regard to the Act to Combat Corruption in the Health Care System (Subsect. 299a, 299b StGB)
  • the legal framework conditions for the performance of (outpatient) operations (under general and local anesthesia)
  • the defense in investigation proceedings on suspicion of accounting fraud, corruption in the health care system, negligent bodily injury or negligent homicide due to possible treatment errors, etc.
  • questions of professional and licensing law
  • liability and compliance of the manufacturer of medicinal products and medical devices (e.g. study design, formulation of instructions for use, etc.)
  • questions of pharmaceutical law
  • the formulation of legal opinions
  • etc.

The range of consulting services is aimed at

  • established and employed doctors, dentists, veterinary surgeons, pharmacists, psychotherapists and other service providers
  • medical and dental care centers (MVZ/ZMVZ)
  • hospital owners
  • medical professional organizations and associations
  • aid organizations, rescue service providers and rescue service companies
  • physician billing companies
  • insurers
  • medical device manufacturers
  • pharmaceutical manufacturers
  • Contract Research Organizations

Reading list

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Karsten Fehn

Criminal compliance in (oral) surgical practice, especially in outpatient operations under general anesthesia [Strafrechtliche Compliance in der (oral)chirurgischen Praxis, insbesondere bei ambulanten Operationen in Vollnarkose]

A medical-law examination of (dental) medical responsibilities at the interface between (oral) surgery and anesthesia, based on (dental) medical duties for the development of suitable criminal compliance instruments.

Publisher: “EBV – Editing BioSciences Verlag” for Medicine and Health Sciences, Cologne
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