Criminal health and personal injury

Criminal health law in Luxembourg governs the criminal liability of healthcare professionals, hospitals, and all actors in the medical sector. This area aims to guarantee patient safety, compliance with medical standards, and the protection of fundamental rights, while punishing misconduct or criminal behavior in medical practice.

ECLIPSE has solid experience in supporting healthcare professionals, healthcare institutions, and patients facing criminal and disciplinary issues related to the healthcare sector. ECLIPSE is involved at all stages of the process, whether in preventive advice, risk management, or defense in litigation before the Luxembourg courts.

In Luxembourg, healthcare professionals must comply with strict obligations in terms of safety, informed consent, confidentiality, and quality of care. Any professional misconduct, negligence, or breach can result in criminal prosecution, disciplinary sanctions, and civil consequences.

Our multidisciplinary team advises and defends healthcare establishments, including hospitals, clinics, and medical practices, in the management of legal risks, the prevention of litigation, and compliance with applicable standards.

ECLIPSE also assists patients who are victims of medical errors, breaches of confidentiality, or violations of their rights, supporting them in their efforts and defending their interests before the competent courts.

Criminal health law is closely linked to personal injury.

Personal injury refers to any damage to a person’s physical or mental integrity, which may be caused by medical malpractice, among other things.

In Luxembourg, the law guarantees the right to full compensation for all damages suffered, whether financial (loss of income, medical expenses) or non-financial (pain and suffering, permanent partial disability, aesthetic damage, etc.).

ECLIPSE supports you every step of the way to accurately assess all damages suffered (physical, psychological, economic, professional, moral, etc.), gather and present all necessary evidence (medical reports, testimonies, expert opinions), negotiate with insurance companies or, if necessary, initiate legal proceedings to obtain the best possible compensation.

Our lawyers advise and assist the victim’s relatives (secondary victims) who may be entitled to compensation for their own damages in the event of death or disability.

We also support and assist insurance companies in the management and assessment of compensation claims for personal injury, whether on behalf of their policyholders or as the insurer of the professional responsible for the medical error.

ECLIPSE also advises and supports victims of medical errors in their compensation or reparations claims before criminal or civil courts.

Our lawyers are experts in all aspects of criminal health law:

• Criminal and disciplinary liability of healthcare professionals (doctors, nurses, pharmacists, and other healthcare professionals)
• Defense in cases of unintentional injury, manslaughter, breach of medical confidentiality, failure to assist a person in danger
• Patients who are victims of medical errors
• Accusations against healthcare professionals of medical malpractice or misdiagnosis
• Nosocomial diseases, infections contracted in hospital or during surgery
• Support for healthcare establishments in matters of compliance, safety of care, and patient file management

Dealing with personal injury is a difficult and stressful experience. ECLIPSE provides you with legal and personal support, informing you of your rights and assisting you with the necessary procedures.