Italian medical malpractice liability: family members of the victim are entitled to compensation
Italian Court of Cassation has clarified that, in the event of liability for medical malpractice, compensation is also due to family members of the victim. In the present case, the Court had to assess compensation claim submitted by the spouse and sons of the victim, which suffered a debilitating clinical condition. First instance Court, once […]
Damage for loss of chance under Medical Malpractice liability?
Loss of chance damage might burden doctor and healthcare operators with a controversial obligation of result. In particular, healthcare operators may be liable for medical malpractice even though positive outcome of medical treatment was un-hoped and unexpected. Italian Court of Cassation clarified this important matter through decision N 26303/2019 First, the Italian Supreme Court stated […]
How to file a claim for medical negligence in Italy
A patient who suspects that the worsening of his/her health conditions, following treatment or a surgery, is caused by medical malpractice should first address his thoughts to an expert lawyer and to a medical-forensic examiner with specialist knowledge.In 2017 the so-called reform “Gelli” entered into force in Italy and, since then, it is not possible anymore […]