Due to the nature of their work physicians run the risk of facing criminal accusations of medical malpractice, incorrect advice and organisational errors. Investigations into suspected causing bodily harm through negligence, involuntary manslaughter and the failure to render assistance are still common, as criminal proceedings are often used to pave the way for civil claims of damages and compensation. An increased risk of criminal liability can also arise from practices such as organ removal and abortion.
In addition, physicians are increasingly facing allegations of accounting fraud, of issuing false medical reports and taking bribes.
The consequences of such criminal proceedings can be devastating for medical professionals, as even the imposition of a monetary penalty alone can lead to a revocation of a doctor’s licence. Negative press reports also can a have ruinous impact.
The attorneys at Ufer Knauer Rechtsanwälte combine a deep specialist knowledge in this area of law with extensive experience gained from handling numerous cases and have an in-depth understanding of the specific challenges of the medical profession.
Pharmaceutical crimes / doping
Both the manufacturing and distribution of pharmaceuticals are subject to close regulation and constant changes in law. Many practices which would formerly have been prosecuted as mere administrative offences are now punishable under criminal law. These include in particular polluted pharmaceuticals, prescription drugs and medical products.
However, not only manufacturers and distributers are at risk of criminal prosecution, but also pharmacists. Especially since the rise of “online pharmacists” offering cross-border sales opportunities, the profession not only risks administrative fines but criminal prosecution for drugs crimes should they be found in breach of the strict regulations governing this field.
In addition, criminal prosecutions for doping in professional as well as amateur sports are on the rise.
At Ufer Knauer Rechtsanwälte we have advised and represented numerous pharmacists and pharmaceutical company employees. We are therefore ideally equipped with the necessary experience and skills to successfully manage cases of this kind and keep abreast of increasingly specialized investigators.