Medical law
We comprehensively advise doctors and hospitals, pharmacists and medical associations, practice networks and private clinics, pharmaceutical manufacturers and other companies, as well as professionals involved in healthcare, on all aspects of medical law. In this respect, the areas we focus on include: medical company law, medical social security law, medical administration law and medical liability law.
We oftentimes advise and represent doctors, pharmacists and members of other healing professions while they are in practice for their entire professional life. That ranges from their being formally approved to practise their profession to the choice of the most suitable corporate form (e.g. a community of medical professionals) up to the sale or dissolution of the company. We assist in avoiding any penal consequences of actions (or failure to act) in the healthcare professions or legal problems concerning data privacy, and show you effective ways of advertising your medical services.
As to the economic performance of your practice, we offer advice on the law of SHI-accredited doctors (panel doctors), as well as the law on fees and charges. To name just one out of many possibilities, we attend to averting claims for reimbursement asserted by the associations of panel doctors and dentists, i.e. doctors/dentists licensed to see statutory health insurance patients (Kassenärztliche Vereinigung = KV/Kassenärztliche Vereinigung der Zahnärzte = KZV). In that regard, BMT is also available to assist you with any problems with health insurances or medical associations. In the case of medical malpractice litigation or criminal proceedings, we take on the defence of our clients with confidence.
The law of SHI-accredited doctors, law governing the medical profession
Physician law is becoming more and more affected by new, pertinent laws, regulations, standards and directives amended on an ongoing basis. For doctors who primarily wish to devote their attention to their patients, profound legal assistance is therefore becoming increasingly significant. BMT is there to advise on any matters concerning the law of medical accreditation, the law governing the license to practise as an SHI-accredited doctor and the law governing the medical profession, also concerning SHI-accredited doctors. We stand by our clients in the event of judicial proceedings or proceedings before the accreditation committees of the associations of SHI-doctors. We are there to help in cases where a doctor is threatened with withdrawal of his or her license to practice, and take care of matters concerning the practice location of SHI-accredited doctors. At the time of discussing and planning practice succession, which constitutes a special aspect of medical law in the context of the law of SHI-accredited doctors, BMT pursues the efficient accomplishment of your objectives.
Company law, co-operations
A wide range of business models can be chosen from in the public health sector today, which may relieve the pressure on the medical service providers (hospitals, doctors, insurers, etc.) involved, both from an organisational point of view and from an entrepreneurial perspective, and not least helps optimise patient care. Profound expertise in company law is needed to be able to take good decisions in this respect. The same goes for our experience in drafting contracts and dealing with the associations of SHI-accredited doctors in a skilled manner.
However, whether it is a group medical practice, an ambulatory healthcare centre, a medical centre or an association of practices or communities of doctors jointly exercising their profession or sharing medical devices, you can be sure of one thing: BMT will assist you in pursuing your plans beyond all professional development levels. The latter includes establishing, designing, advising about and catering to medical forms of co-operation in the long term. We are there to advise you if a partner wishes to retire from the community of doctors or if there is an impending extension of the community based on existing agreements. Our range of services includes: drawing up dissolution and retirement agreements, accession and employee agreements, sales contracts, and, not least, leases.
Checks for plausibility and checking guidelines
The consequences of a plausibility check of the associations of SHI-accredited doctors in regard to invoicing practices may be considerable for the SHI-accredited doctor. Besides the massive time input usually brought about by such a check, recovery claims and disciplinary measures may be in the pipeline. Accusations need to be dispelled swiftly and permanently, in order to effectively counteract the mistrust of the associations of SHI-accredited doctors. Following a plausibility check, a prosecution under criminal law not infrequently occurs, and, moreover, an eye is to be kept on the situation regarding the licence to practise, for those affected.
BMT in particular advises and represents SHI-accredited doctors, ambulatory healthcare centres, hospital doctors authorised to provide services to SHI out-patients and doctors in attendance (i.e. specialist doctors running or working in practices who have their own hospital beds besides) in the case of any profitability checks. Our perspective of the current trends in case law, but also our extensive experience with procedures specifically affecting SHI-accredited doctors, allows us to put up an excellent defence. We assist in dealing with the large quantities of data, checking the documentation of the associations of SHI-accredited doctors for errors, and organising a response, as well as opposition.
Practitioner liability, medical criminal law
A high degree of sensitivity is required in matters relating to practitioner liability law and medical criminal law. The latter requires your lawyer to have wide-ranging expertise in medical law and any issues arising from the perspective of the law governing the medical profession. The accusation of inappropriate treatment or a failure to ascertain a medical finding may entail an enormous burden for the doctor. We scrutinise the exact circumstances of the case, organise the correspondence with your third party liability insurance and, where expedient, take up direct contact with the injured party. Should, however, judicial proceedings be initiated, we will represent your case forcefully.
In all the investigative proceedings – whether based on violation of the medical practitioner's confidentiality obligation, involuntary manslaughter or accounting fraud – BMT is in a position to combine the knowledge of specialist lawyers across legal fields. Thus, a lawyer specialising in medical law works hand in hand with a lawyer specialising in criminal law or specialists experienced in criminal law issues. Already in the forefront of the investigations, before the public main proceedings have even been initiated, we seek to bring about a settlement of the proceedings. But also when defending our client in criminal law proceedings, BMT means: competence.
Hospitals, pharmaceutical companies
We advise hospitals and pharmaceutical companies in all matters of commercial and business law. We assist with devising strategic concepts, drafting agreements, taking operational measures, production, distribution advertising, marketing and monitoring the competition and keeping it at bay, as well as in employment law matters. We get involved with hospital purchases and sales alike, as well as outsourcing projects and co-operation plans at the increasingly significant crossroads of treatment on the ward and outpatient service.
