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Civil Practice

Medical malpractice

Establishing medical and healthcare liability and pursuing compensation for the harm suffered by the patient and their family members.

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Case Types and Services

The matters we handle

We support the patient and their family at every stage of the proceedings, from the gathering of medical records to the trial.

Medical and healthcare liability

Comprehensive assistance in medical liability actions under the Gelli-Bianco Act (L. 24/2017), with a full reconstruction of the course of treatment and identification of the liability of the facility and of the individual professional.

Medical error

Compensation actions for conduct marked by negligence, recklessness or lack of skill, assessing compliance with the guidelines and clinical-care best practices recognised by the scientific community.

Misdiagnosis or delayed diagnosis

Protection of the patient in cases of missed, mistaken or delayed diagnosis, with particular attention to compensation for loss of therapeutic chance — an autonomous head of damage recognised by the Supreme Court — where a timely diagnosis would have led to a different outcome.

Surgical error

Assistance in cases of surgical procedures with adverse outcomes or avoidable complications, distinguishing instances of liability from adverse reactions attributable to the inherent physiological risk of the procedure.

Hospital-acquired infections

Actions against the healthcare facility for nosocomial infections contracted during the hospital stay, with particular attention to organisational shortcomings, compliance with hygiene protocols and internal epidemiological monitoring.

Liability of the healthcare facility

Contractual actions against hospitals, nursing homes and clinics under art. 7 of L. 24/2017, based on the atypical hospital admission contract, with a lighter burden of proof for the patient.

Informed consent

Actions for missing or inadequate informed consent, even where the procedure has been correctly performed: the patient's right to self-determination constitutes an autonomously protected legal interest.

Liability of healthcare personnel

Direct actions against the individual healthcare professional under the tort regime pursuant to art. 2043 of the Italian Civil Code, with the related burden of proof and a reduced five-year limitation period.

Biological, moral and existential damage from malpractice

Full quantification of the harm suffered by the patient in all its components: biological damage according to the Milan Tables, moral damage and existential damage, with a request for individualised assessment.

Compensation for injuries or death

Protection of the family members of the deceased or severely injured patient, through the action for damage iure proprio — for loss of the parental relationship — and iure hereditatis, which may be combined under the conditions established by case law.

Medico-legal advisory and negotiations with insurers

Coordination of the party-appointed medico-legal expert and management of the pre-litigation phase with the insurance companies of healthcare facilities and individual professionals, with possible activation of the A.T.P. (preventive technical assessment) under art. 8 of L. 24/2017.

Contact

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