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Susanne Clemens

Lawyer
Specialist lawyer for medical law

Member of the Frankfurt/Main Bar Association
Member of the working group for medical law of the German Lawyers Association 
Member of the German Society for Medical Controlling
Member of the Coalition for Patient Safety

Vita:

  • Year of birth: 1981 
  • Studies: 1999 – 2004 at the Friedrich Schiller University of Jena, Germany 
  • First bar exam: 2004
  • Legal clerkship: 2005 – 2007 in Darmstadt 
  • Second bar exam: 2007 
  • Admission to the bar: 2007 
  • Ongoing PhD project on “Freedom of will, responsibility and guilt – the criminal law principle of fault in the focus of brain research”. 
  • Specialist lawyer for medical law since February 2018

Main areas of activity:

Since joining the office I have been mainly active in the field of civil law. In the meantime, the focus of my work as a lawyer has shifted to medical and (personal) insurance law. In addition, I am also active in private building law, architects and engineering law as well as other civil law matters (sales law, general contract law, law of general terms and conditions).

In the field of medical law I am entrusted with all relevant issues as well as peripheral areas. As the field of law is emotionally charged and has far-reaching consequences for both patients and practitioners, especially with regard to medical liability for medical malpractice, a competent, trustworthy and personal approach to our clients is very important to me. This also means that I primarily focus on the economic interests of my clients and assist them in a result-oriented manner. I identify solutions, pursue them consistently and enable a fair and equitable reconciliation of interests for the benefit of my clients. In view of our balanced client structure, I advise and represent both patients and practitioners. Among others, I support my clients in the following areas:

  • Medical malpractice law 
  • Hospital law 
  • Medical contract law (e.g. organization of professional communities, medical practice successions) 
  • Panel doctor law / panel dentist law 
  • Medical professional law 
  • Remuneration law of health professions 
  • Performance audits, plausibility checks 
  • Medical criminal law 

In addition to advising clients in these matter, I also represent my clients towards payers, authorities, arbitration boards and experts, as well as in all court proceedings. In the case of complex mandates, we cooperate both within the firm and externally with experienced tax advisors and experts on an interdisciplinary basis and, if required, we also arrange appropriate contacts.

In the area of insurance law, I support our clients primarily in issues relating to personal insurance. I advise and represent clients both in and out of court, primarily in the following areas

  • Occupational disability insurance 
  • Accident insurance 
  • Health insurance 
  • Life insurance 

In this context, I am frequently confronted with issues relating to the violation of pre-contractual disclosure obligations, the resulting termination and/or rescission of insurance contracts, proof of conditional occupational disability, requirements for an abstract or concrete referral and reorganisation in the field of occupational disability insurance as well as pre-existing defects in accident insurance cases.

Foreign languages:
  • English
Publications:
  • Raab/Clemens, Die Abrechnungsprüfung – aktuelle Entwicklungen. Grundsätze des BSG und ihre Auswirkungen in der Praxis, KU Gesundheitsmanagement 5/2016, p. 72 – 75
  • Clemens/Raab, Notfall für den Notfall – Ambulante Notfallversorgung des Krankenhauses im Spannungsfeld strikter Sektorentrennung, KU special – Medizincontrolling 09/2017, p. 8 – 11
My areas of law are