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Attorneys for Medical Law – Europe & Worldwide

Medical Malpractice Law, Medical Malpractice Liability Law, Doctors' Contractual Law, Hospital Legislation, Health Insurance Law, Physician Law, Pharmaceutical Law, Medical Devices Law, Pharmacy law, Nursing Care Insurance law, Corporate Law/ Professional Law/ Remuneration Law for Service Providers

General

When shall you consider to involve a medical law attorney?

Since the field of medical law regulates many different individual areas, advice from a lawyer is often the safest way to make  effective decisions. Especially in a medical case in which your health may be also at risk you should not act hastily and unprepared. Make sure to contact an experienced lawyer in the field […]

Gross treatment errors of pregnant patient : Tribunal Decision – December 17, 2021 – 26 U 102/20

Pregnancy Examination: Every practitioner examination is important There is this well spread belief that pregnant women shall always have “patience” when it comes to the hospitalization before delivering the baby. However, if a gynecologist does not point out the immediate hospitalization of the child’s mother in the case of a pathological CTG, this may constitute […]

Triage: what is it?

Decision of the Federal Constitutional Court of the 16th of December 2021 In its decision of 16 December 2021, the Federal Constitutional Court ruled that in certain constellations of pronounced need for protection, the state has a duty to effectively protect people from discrimination on the grounds of their disability, including by third parties. The […]

Before, after, throughout the operation: the time for the explanatory information

Before, after, throughout the operation: the time for the explanatory information When is it the right time for you practitioner to let you know about all the risks and possibilities you are going through during your operation? Let’s have a look at this court case together:  in this case the “doctor’s explanatory talk” took place […]

Corona Rules and Visitation Rights: The Tribunal Decision

During the pandemic the visitation rights in the hospital have strictly been restricted: is this however legally acceptable?  Let’s have a look at the case of the Leverkusen Local Court, Order of 30.05.2022 – 26 C 190/22 – The son of terminally ill patient granted access to the hospital despite hospital’s Corona rules stated the contrary […]

Alternative Practitioners Medical Law in Germany – A decision of the OLG Munich

As you may already know Germany is famous for its numerous legally recognized alternative, naturopathic practitioner. According to a representation of the Federal Statistical Office there were 43.000 practitioners in Germany in 2015. The “Heilpraktiker” profession as defined by German law does not exist in any other EU member state. Only Sweden, Denmark and some […]

Medical Treatment Abroad – Insurance Clarifications

Do you live in Germany, you are covered by a German Statutory Health insurance and you aim to get medical treatment abroad? Which rights and duties do you have? If you have statutory health insurance, you can also receive treatment within the European Union. Let’s take a common example:  if you want to have your […]

Therapeutic Products Advertising – Legal Framework in Germany

Are you a therapeutic products developer? Or a therapeutic products user? In Germany, there are many rules that shall be taken into consideration before putting a therapeutic product on the markt. Let’s talk about advertising. How do you think that advertising should take place? The Therapeutic Products Advertising Act (Heilmittelwerbegesetz, HWG), along with the Unfair […]

Complaint about medical treatment

Patients who feel they have been treated badly or incorrectly, or who assume that their doctor has violated medical obligations, have the right to complain.  What should be taken into account? Reasons for a complaint can be: lack of information by the doctor treatment errors inadequate medical care violation of the duties of a doctor […]

Sick Leave without having been seen by a doctor: German´s trend or trash?

Sick Leave without having been seen by a doctor: German´s trend or trash? Advertising sick leave without a doctor’s visit – Hamburg Higher Regional Court, Judgment of 05.11.2020 – 5 U 175/19 In the context of an advertised business model, doctors shall issue without a specific visit and with the help of an internet questionnaire […]

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