Medical and Health Care law

Medical and Health Care law

“Medicine and the law have always been closely linked. Nowadays, it is almost impossible to function in the health care sector without considering the law.”

The concept of medical law covers a wide range of different legal matters, including general civil law, problems involving social insurance law, and aspects of company law and competition law. Seen in this way, there may be law firms that cover the entire spectrum of medical law and provide legal advice in these areas. We, on the other hand, concentrate on particular aspects and sectors. Our legal advice is geared towards the entrepreneur in the healthcare sector. We therefore advise medical practitioners, dentists (although not in matters of medical negligence), medical centres, hospitals, pharmacists, manufacturers of medical products and devices, pharmaceutical companies as well as statutory and private health insurers regarding issues of relevance for their business activities. We do not therefore advise patients, nor do we provide legal advice on nursing care and health insurance, areas that generally fall within this set of issues. If you as an entrepreneur in the healthcare sector are looking for business advice in this area, we are the right people to contact.

Legal advice in matters of medial law

 

  • The law governing panel physicians – requirement planning and the law governing admission and approval (succession, purchase of a medical practice, special licence and authorisation procedures, the purchase and sale of medical practices for panel physicians and private medical practitioners), recourse, performance audits and sample audits
  • The law governing panel dentists – requirement planning and the law governing admission and approval (succession, purchase of a dental practice, special licence and authorisation procedures, the purchase and sale of dental practices for panel dentists and private dentists), recourse, performance audits and sample audits
  • The law governing the medical profession – general conditions for practising medicine (the law governing private medical practitioners and panel physicians), the law governing licences to practise medicine, the law governing continuing professional development, the law governing the profession
  • The law governing the dental profession - general conditions for practising dentistry (the law governing private dentists and panel dentists)
  • Medical contract and company law – professional requirements and requirements for panel physicians, group practices (Berufsausübungsgemeinschaften), forms of cooperation in the medical profession, common management and organisation (Organisationsgemeinschaften), practice networks, practice associations, medical centres
  • Dental contract and company law – professional requirements and requirements for panel dentists, group practices, forms of cooperation in the dental profession, common management and organisation, practice networks, practice associations, medical centres
  • The law governing billing and settlement for medical practitioners– statutory scale of charges for medical practitioners (GoÄ), remuneration and fee sharing according to the law governing panel physicians, checking fee settlements of panel physicians
  • The law governing billing and settlement for dentists -– statutory scale of charges for dentists (GoZ), remuneration and fee sharing according to the law governing panel dentists, checking fee settlements of panel dentists
  • Hospital law – hospital planning law, hospital funding law, data protection law, integrated provision, billing disputes, cooperation, fee-based physician and attending physician contracts
  • Labour law in medical and dental practices, at hospitals, pharmaceutical companies and at pharmacies – the law governing contracts of employment law and dismissal
  • The law governing medical products and devices – requirements made of medical products and devices, classification and conformity assessment procedures, marketing, installing, operating and applying medical devices, the Medical Devices Act (Medizinproduktegesetz, MPG), the Medical Devices Operator Ordinance (Medizinprodukte-Betreiberverordnung, MPBetreibV)
  • Pharmacy law – the purchase and sale of pharmacies, the running of pharmacies and hospital dispensaries, the Pharmacy Practice Code (Apothekenbetriebsordnung)
  • The law governing the advertising of medicinal products - the Advertising of Medicinal Products Act (Heilmittelwerbegesetz, HWG), the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, UWG), examination of advertising measures, legal defence and enforcement of rights in cases involving competition law, trademark law in the healing professions
  • Data protection law in the health sector – contract data processing, section 203 of the German Penal Code, data transfer, right to information, official proceedings
  • Representation in and out of court – civil proceedings law, proceedings involving social law, proceedings against approval committees and other public bodies
  • Legal opinions, publications, talks and seminars

Further information on Legal field medical law...