Health and Medical Malpractice

We counsel various clients in the healthcare industry including pharmacists and manufacturers of pharmaceutical and medical products regarding the production, distribution, export and import of drugs and other medical products. We also advise health care professionals with issues related to the appointment of office-holders according to the German Medicines Act. Additionally, we assist our clients with the acceptance, inspection and certification of drugs and medical devices.

We counsel private practitioners and private, community and church-affiliated hospital operators on employment and service contract issues. This includes legal matters arising in connection with renovation projects, collective bargaining, company-wide rate agreements and the creation of employment contracts for medical and non-medical personnel within the medical practice.

In addition, we specialize in medical malpractice Defense and represent our clients, including physicians and any other health-care professionals charged with malpractice. We provide specialized advice on the establishments of controls and processes to lower the likelihood of malpractice claims. Our practice covers both civil and criminal proceedings. Our criminal law experts advise and support our civil law team to protect against the escalation of proceedings into a criminal prosecution and stand ready to intervene should the prosecution initiate preliminary proceedings, whether due to suspicion of alleged failure to follow regular medical practice or any other allegation concerning medical services.

Range of Services

Law governing medicine and medical products

Law governing pharmacists

Medical liability and criminal law

  • Consultation on obligations of care, clarification and documentation
  • Representation of medical practitioners and hospital operators during medical malpractice procedures
  • Defense of medical practitioners and hospital personnel during criminal proceedings

Competition law

  • Law governing advertisement of medical and pharmaceutical products
  • Professional legal complaints arising under competition law

Labor law governing the medical professions

  • Consultation on issues of employment and service contracts and collective bargaining law
  • Drafting and interpretation of employment, service, general practitioner, fee-based physician and consultant contracts

Contract and corporate law governing the medical profession

  • Consultation and support during planning and establishment of medical care centers
  • Drafting of contracts with patients and of general terms and conditions
  • Drafting of partnership agreements for joint practices

Lease and tenancy law for medical and dental practices as well as pharmacies

Transfer and sales of medical practices