[Situation of legal conflicts in criminal proceedings]

Criminal proceedings against physicians involving an alleged professional malpractice usually represent a complex problem raising issues in various (potential) areas of conflict. In many cases such proceedings are accompanied by liability actions in civil courts, occasionally proceedings have been initiated by the Medical Board in order to clarify a case of professional misconduct. Often, a medical malpractice insurance is involved. In order to protect the physician's interests in the best possible way, any action in the various matters needs concerted efforts. No statement or comment regarding the allegations should be rendered to the prosecution before access to the investigation file has been granted. No negative conclusions may be drawn from the use of the right to refuse testimony. The preparation of a written statement requires a thorough legal and factual analysis of the allegations as well as the evidence they are based on. In this respect professional legal assistance is essential. It does not constitute a breach of the doctor-patient confidentiality if the physician discloses information in order to defend himself against criminal allegations. If several physicians are charged with an offense it is recommendable in most cases to coordinate defense activities.