Medical Professional Law
Wide expertise in medical professional law for doctors, dentists and pharmacists has been acquired by our lawyers and medical law specialists during many years of practical experience and due to a high degree of specialization. Particularly at the interface of competition law, medical professional law and commercial law, we advise you on the demarcation of permissible cooperations and recommendations from behaviour that is inadmissible and illegal under medical professional law.
Principles of conduct and duties of disclosure
With the opening of the healthcare market to competition, the requirements for the right marketing strategy for physicians, dentists and pharmacists are increasing due to an increasing competition. This means that knowledge of and compliance with professional law, especially in the run-up to cooperation and advertising measures, is becoming increasingly important. The regulations from the professional law represent market conduct regulations in the sense of the law against unfair competition (§ 3a UWG), which can be asserted by competing physicians, dentists and pharmacists. This repeatedly results in costly disputes under competition law, the outcome of which depends to a large extent on the consideration of professional regulations in advance.
While competitors sue for injunctive relief and damages on the occasion of a violation of professional law, public prosecutors examine the initial suspicion and, if necessary, initiate criminal investigation proceedings against the physician, dentist or pharmacist concerned. With the entry into force of the Anti-Corruption Act, this situation is expected to intensify.
Our team at M&P is, of course, there for you both for preventive advice and in acute emergencies, in which both rapid and strategic action is required. In addition to questions of professional law, it is always important to keep an eye on competition law, contract physician law and compliance.
Compliance in the healthcare sector
The various forms of cooperation between service providers on the health care market, which are desired both politically and legally, always require a clear demarcation from impermissible forms of cooperation, both in terms of medical professional law and in view of the anti-corruption law. This requires profound knowledge of the framework conditions from all areas of health care law, in particular the law governing panel physicians, hospital law, professional law, pharmacy law and data protection law as well as experience in dealing with medical associations, health insurance companies and public prosecutors’ offices.
Legal certainty for cooperation
Regarding compliance, we offer our clients not only the necessary and natural discretion but also highly specialized, comprehensive advice and efficient individual concepts for the legally compliant implementation of their business projects. Especially when advising on the enormous risks and opportunities associated with compliance, we particularly benefit from the many years of experience of our interdisciplinary team at the interface of medical law and business law.
- Concepts of economic participations in companies in the healthcare sector
- Development of marketing strategies
- Compliance concepts including the creation of individual work instructions for employees
- Representation in competition law disputes
- Concepts for professionally compliant referral management