Lawyer for Manslaughter from Medical Negligence
Does the case concern the death of a patient?In medical cases with a fatal outcome, the fact that death followed an intervention or treatment does not alone establish criminal liability.The medical cause of death, the conduct attributed to the doctor and the existence of a causal link must be analysed.
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What I analyse in the first stages
I check the medical file, the operating report where available, the ICU documentation, the investigation results, the chronology of the patient's deterioration, the medico-legal report and the expert reports carried out.
The central question is whether the fatal outcome can be legally attributed to the conduct under investigation.
Medical complication or criminal fault?
This is one of the essential distinctions. A tragic outcome can exist in the absence of criminally culpable conduct. The defence must reconstruct the situation as it appeared at the time the medical decision was taken.
Who is this page for
If you are a doctor under investigation, see also Doctor criminal liability.
If you represent the family of the deceased patient, participation in the criminal process and compensation for the damage can be analysed separately. For this aspect see Victim representation in criminal cases and Medical malpractice compensation.
Frequently asked questions
How important is the first expert report in a medical death case?
Very important. It establishes the mechanism of death and causality. Any ambiguity in the objectives or conclusions may affect the defence or subsequent claims.Can the family of the deceased patient claim compensation?
Yes. In addition to the criminal aspect, compensation for the damage can be pursued through civil proceedings. The strategy is determined according to the concrete objective.Is there a deadline for reporting to the authorities?
Procedural and limitation periods depend on the legal classification. That is why an early analysis is useful.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Criminal Code - manslaughter (art. 192) and situations linked to non-compliance with professional rules. (Legislation)