Medical law in recent years has been characterised by the constant juridification of the health care system through numerous reforms and an increasing degree of regulations. The addition of steady medical progress and the dynamic of case law have repeatedly posed new challenges for all those involved. It is our goal to provide for our clients the basis of factually correct decisions and to point out options for action. We ensure interdisciplinary advice and representation, in particular in the fields of labour, corporate and tax law.

The main areas of our activities are:

Labour law for medical professions / Chief physician law
We are happy to assist you with issues relating to employment and service contracts in hospitals as well as with the drafting of employment contracts for medical and non-medical personnel in the private practice sector. In this context, we provide advice with regard to the specifics of professional and contractual physician law. If, for example, a doctor is employed in a medical practice for regular work, prior approval from the admissions committee must be obtained. In this context, it should  also be taken into account that the professional code of conduct does not contain any numerical limitation of the number of employed physicians, but the owner still has to personally exercise and manage the medical practice (§ 19 Paragraph 1 S. 1 MBO). Personal practice requires more than simply assuming responsibility for the treatments provided. Depending on the specialist area, criteria for personal practice and performance must therefore be developed, taking into account that relevant court rulings have not yet been issued. In this context, remuneration regulations which must be compatible with the fundamental idea of the service contract and thus with Section 307 (2) No. 1 of the German Civil Code (BGB) are also of major importance. Furthermore, we provide support in matters of post-contractual competition or – as an alternative – the agreement of a patient transfer clause.
We also provide support in the event of termination or change of service or employment relationships. We represent both employers and always try to reach an amicable solution. Of course, we also support our clients in court if a labour dispute cannot be avoided.

Medical malpractice law
We represent practitioners relating to claims of medical liability, i.e., the review and negotiation of claims for compensation for suffering and claims for damages (medical treatment costs, loss of earnings, financial management damage and additional care requirements) in the event of suspected errors in information, treatment and organisation. The term “treatment error” primarily questions whether the physician has made justifiable decisions about diagnostic and therapeutic measures in the specific case using the medical knowledge and experience required of him/her and has carefully implemented these measures. By its very nature, this field of law is emotionally charged due to the personal involvement of the patient and has far-reaching consequences for all parties involved. We therefore guarantee competent, trustworthy and personal care for our clients where we focus on the defence (practitioner) of possible claims. We support our clients in the interdisciplinary processing of complex facts with the integration of medical expertise and represent them in extrajudicial proceedings, safeguarding their interests in arbitration boards and expert commissions and in long-term court proceedings.

In order to limit liability risks, we advise physicians, professional associations as well as hospitals on the legal framework of due diligence, information and documentation obligations and support them in developing a practicable risk management system.

Contract and corporate law
Both the cooperation between practitioners and the cooperation with providers of therapeutic appliances require individual contractual bases. This is where the aspects of company contracts, professional law, contract doctor law and tax law come together. The possibilities for cooperation, which have to be checked for suitability on the basis of concrete circumstances and individual goals, are manifold (joint practice, job-sharing partnership, practice sharing, medical care centre, etc.). We advise our clients on the choice of cooperation forms and take over the drafting of contracts. In this context, we support our clients in finding a solution that is in line with their interests and in meeting the requirements of the Association of Statutory Health Insurance Physicians and the case law.

Finally, we also advise on the sale and takeover of medical practices as well as the employment of physicians. In this respect, we point out the different options and draft corresponding contracts.

Our specialists for Medical law are

Dr. Rainer Wieland

Lawyer & Notary
Specialist lawyer for tax law
& tenancy, condominium and real estate law
& industrial property protection