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Physician, medical and nursing criminal law

Every medical intervention constitutes an assault and battery unless it is covered by effective consent. For this reason, medical information prior to any treatment is of great importance; it is the starting point for any criminal investigation. The intervention or medical treatment must also be carried out in an artful manner (de lege arte). In recent years, more and more cases of medical malpractice and hygiene deficiencies have attracted public attention. In most cases, there is not only the risk of legal action for damages, but also of criminal investigations. The investigations focus not only on those who act directly, but also on those who exercise organisational authority, such as the hospital management.

In addition, for some time now, the investigating authorities in cooperation with other agencies, such as physicians' associations, have increasingly been prosecuting and severely punishing cases of billing fraud. Ultimately, it is not just a matter of avoiding a criminal conviction and an entry in the criminal record, but also of retaining one’s licence to practise medicine, retaining the right to bill the public health insurance companies and avoiding a professional ban.