Attorney von Burgsdorff listening to an unrecognisable person across the meeting table.

Practice areas

Medical Criminal Law

An allegation of medical malpractice or suspicion of billing fraud affects physicians twice: alongside the criminal proceedings, their professional licence (Approbation), accreditation, and professional reputation are at stake. A medical criminal defense conducted with both proceedings in view from the outset makes the difference.

sections 222, 229 StGB

The Scope of Medical Criminal Law

Two allegations are usually at the centre: medical malpractice, legally framed as negligent bodily harm under section 229 of the Criminal Code (StGB) or negligent homicide under section 222 StGB, and billing fraud (Abrechnungsbetrug) against health insurance funds or private patients under section 263 StGB. Furthermore, breach of confidentiality under section 203 StGB and allegations of corruption in the healthcare sector are common.

In malpractice cases, a medical expert report (Sachverständigengutachten) usually decides the course of the proceedings: was the professional standard not met, and was this the cause of the harm? In billing fraud cases, the focus is on the details of the billing system and the question of intent.

How We Assist You

We defend you in criminal proceedings and keep the professional law aspect in view from the beginning. This is because what you declare to the police or public prosecutor can later be read by the licensing authority (Approbationsbehörde).

Assistance during searches of practices or clinics, including at short notice during the measure
Protecting confidentiality during the seizure of patient records: we check what the investigators are permitted to take
Accessing case files and critical examination of expert reports, using our own expertise where necessary
Defence against billing allegations through precise analysis of the billing system
Coordination with parallel professional proceedings at the licensing authority and medical association (Ärztekammer)

Professional Licencing and Parallel Proceedings

Criminal proceedings are rarely the only proceedings for healthcare professionals. The licensing authority, medical association, and Association of Statutory Health Insurance Physicians (Kassenärztliche Vereinigung) can conduct their own proceedings, potentially leading to the suspension or revocation of the professional licence. These bodies are informed of criminal allegations under certain conditions through judicial notifications.

Therefore, every defence decision must consider both levels: a statement that appears justifiable in criminal law may cause damage in professional law, and vice versa. We plan the defence from the outset with a view to both proceedings.

The deserted entrance area of a Hamburg courthouse in concrete and glass in the early morning.

Arrested or questioned? Call us before you make a statement.

Frequently asked questions

The police are searching my practice. Must I hand over patient records?

You are not required to actively cooperate in the search and should not hand over documents voluntarily, if only because of your duty of confidentiality. Ask to see the warrant, object to the measure and the inspection of documents, and call us during the search.

What are the risks in a medical malpractice allegation?

Proceedings for negligent bodily harm or negligent homicide may be considered. Not every failure is criminal, but only the culpable falling below the professional standard that caused the harm. Both are usually disputed on the basis of expert reports, the examination of which is correspondingly important.

Do I automatically lose my professional licence upon conviction?

No, not automatically. The licensing authority decides on suspension or revocation in its own proceedings, which concern worthiness and reliability. The nature and severity of the criminal allegation play a significant role. Therefore, we defend from the start with a view to these proceedings.

Is an incorrect bill always fraud?

No. Fraud requires intent, meaning the knowledge and will to deceive. Billing errors without intent to deceive are not fraud, but can trigger repayment claims and professional law issues. The distinction is often the core of the defence and requires a precise analysis of the individual billing cases.

This information is general in nature and does not replace advice on an individual case.

Guide