1. Why Legal Counsel is Necessary for Doctors in Cases of Medical Malpractice
If you are a doctor facing criminal prosecution for medical malpractice, it can seriously jeopardize both your professional existence and your reputation. Especially in cases where you are accused of negligent bodily injury or homicide, professional and specialized legal defense in the field of medical criminal law is essential. In this post, we want to give you an overview of the most important aspects of defense in cases of medical malpractice and show you how we, as experienced criminal defense lawyers in Hamburg, can assist you.
2. Medical Malpractice
A medical error occurs when a medical treatment—unless otherwise agreed upon—is not carried out according to generally accepted professional standards or the "rules of art" (lege artis) that exist and are generally professionally recognized at the time of treatment.
The requirements for this are based on profession-specific diligence. This is constantly changing as research, medications, and treatment methods evolve.
Depending on the outcome of the medical error, one of the following offenses may be considered:
- (Negligent) Bodily injury, §§ 223, 224, 226, 229 German Criminal Code (StGB)
- (Negligent) homicide, §§ 211, 212, 222 German Criminal Code
3. Allegation of negligent bodily harm or manslaughter
One of the most common accusations in cases of medical malpractice is that of negligent bodily injury or negligent homicide. In such cases, you must deal with criminal charges that are at the heart of medical criminal law. Our task as your criminal defense attorney is to clarify that your actions cannot be considered negligent and that the accusation of criminally relevant malpractice is unfounded.
4. Distinction between treatment error and criminal negligence
It is important to know that not every medical error automatically leads to criminal consequences. Our experience shows that a precise analysis of the individual case is necessary to distinguish between a treatment error and a criminal offense due to negligence. In Hamburg, we advise numerous doctors in similar situations and can help you take the right steps.
5. Proof and Causality Issues
A central point of your defense will be the question of whether the alleged medical malpractice was actually the cause of the damage. Here, together with you and medical experts, we must clarify whether the damage would have occurred even without the alleged error. Often, this cannot be answered unequivocally, which is why it is important to have an experienced criminal defense attorney specializing in medical criminal law by your side, who asks the right questions and critically examines the evidence.
Negligence
Furthermore, negligent conduct generally only exists if medical treatment standards have been violated. The state of the literature at the time of treatment is relevant for this. Treatment guidelines, in particular, should be used for evaluation.
7. Collaboration with Medical Experts
Medical expert opinions play a crucial role in proceedings where treatment errors are under discussion. If the expert opinions commissioned by the public prosecutor's office or the court are problematic, we will do everything in our power to refute them and obtain alternative medical opinions.
Our experience as criminal defense attorneys in Hamburg has shown that well-founded medical expertise, combined with a solid legal strategy, is often crucial for the outcome of such proceedings.
8. Managing Public Perception
Legal proceedings involving medical malpractice or professional misconduct are often highly emotional. In this preliminary consultation, we will discuss with you how to best approach this aspect of the proceedings. Particularly in the public sphere, there can be prejudgments that threaten your professional future. We will explain how we can navigate these challenges and represent your interests both inside and outside the courtroom.
9. How we can help you as criminal defense attorneys in Hamburg
As experienced criminal defense attorneys in Hamburg specializing in medical criminal law, we have successfully defended many doctors who were accused of medical malpractice. During our initial consultation, we’ll work with you to determine which defense strategies are appropriate for your specific case. Your professional livelihood and your good reputation are our top priorities.
We offer you a tailored defense that is both legally sound and adapted to the medical specifics of your case. Our task is to guide you through the complex process and ensure your rights are protected.
10. Conclusion
If you are accused of a treatment error or malpractice as a doctor, it is important to act quickly. In our preliminary consultation, we will give you an overview of your legal options and develop an initial strategy for your defense. Trust in the experience of a competent criminal defense attorney in Hamburg who is well-versed in medical criminal law and will stand by your side in this difficult situation.
Contact us for an initial consultation, and let's discuss the next steps together. Your professional future is worth protecting with the help of experts.
Frequently asked questions
Medical malpractice always exists if medical treatment is not carried out according to generally recognized professional standards or according to the rules of the art (lege artis - hence the term „malpractice").
Criminal law deals with the sanctioning of the doctor's misconduct, for example through fines or imprisonment. In civil law, on the other hand, the doctor is held responsible for the patient's financial loss, which can lead to claims for damages or compensation for pain and suffering.
A treatment error can result in either damage to the physical integrity of the patient or their death. A treatment error can therefore either constitute (negligent) bodily injury, Sections 223, 224, 226, 229 of the German Criminal Code (StGB) or (negligent) homicide, Sections 211, 212, 222 StGB.
The penalties for criminal malpractice range from fines to imprisonment. In particularly serious cases, the doctor's license to practice may also be revoked, which is tantamount to a professional ban. In the worst-case scenario, professional disqualification from practicing the profession can also be pronounced in subsequent professional proceedings.
A criminal defense lawyer helps to refute or mitigate allegations of medical malpractice. He analyzes the case, works with medical experts and develops a defense strategy to protect the doctor's interests and avoid a criminal conviction.
A medical expert is consulted by law enforcement agencies or the defense attorney through a private expert opinion to assess the medical-technical aspect of the case. The expert prepares an opinion that serves to clarify whether the doctor acted according to medical standards or if there was an error that is criminally relevant.
If a doctor is accused of medical malpractice, they should immediately consult an experienced criminal defense attorney specializing in medical criminal law. It is important not to make premature statements and to secure legal counsel first to develop the best defense strategies.
In criminal medical law, cases of medical malpractice, in particular, represent a very complex field. Early intervention is required and can often minimize potential consequences. Therefore, contact us as soon as possible so that we can advise you from the very beginning, analyze your case, and develop the best possible defense strategy.
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