Fields of law

• Bank and capital market law, protection of investors
• Commercial law
• Contract law
• Family law
• Insurance law
• Intellectual Property and Information Technology law
• Labour law
• Medical malpractice law
• Residential property law
• Tenancy law
• Tourism law
• Traffic law

Medical malpractice law from a doctor's and professional indemnity insurance company's point of view

We are mandated to defend claims of professional indemnity insurances, dentists and doctors in civil proceedings.

More and more patients claim for compensation for supposed or real errors in treatment.

If you are a doctor and exposed to such claims, there is no time to lose, as you have to inform your insurance company without delay, in order to not lose coverage. Yet, you should consult us beforehand, in order to learn in which positions the doctor and the insurer differing or even opposing interests. Likewise, you should learn from us, where the limits of the law concerning the inspection of a patient's medical files are, before you hand these out.

Usually we can succeed in the indemnity insurer taking on the costs for our activities and not to avail themselves of an adjustment authorization.

„Malpractice“

When patients speak of "malpractice", doctors and lawyers assume medical errors. People make mistakes wherever they work. You know best where you can make some within your area of expertise.

We lawyers divide these error groups into diagnostic mistakes, incorrect medical advice, organisational mistakes as well as mistakes made during monitoring and errors in treatment. Errors in treatment, in turn, are subdivided into diagnostic mistakes, therapy mistakes, contributory negligence liability, organisational mistakes, therapeutic safety advisory. Whether such a mistake is at hand and under what circumstances such a mistake can trigger claims for damage must be determined at all events.

Arbitration process

The arbitration process takes place at the relevant medical council or mandated arbitration board. It serves the purpose of clarifying disputes out-of-court of which patients' claims for compensation are based on supposed faulty medical treatment.

Whereby professional indemnity insurance companies correctly strive for an arbitration process as an affordable and relatively indisputable process to cope with treatment incidents, it is necessary for the doctors involved to reduce the substantial risks involved with this process. Information is often disclosed that can be utilized in a subsequent criminal charges.

Together with you, we decide in each individual case, whether it would be sensible to get involved in this process or not.

Court proceedings

Notwithstanding "normal" civil suits, evidence plays an important role in the case of medical malpractice proceedings. In this connection, "the rules of the game" are turned around (catchword: Beweislastumkehr), so that it comes down to you, as doctor, for us to set the right course for you.

Conclusion

Before you undertake any steps yourself, which could weaken your situation, you should obtain legal advice from us