Mistakes made by doctors are often the responsibility of healthcare facilities

In Italy there are no up-to-date and credible data on errors in health care, not even reliable estimates. The statistics showing a decrease in claims do not include the increasing practice of self-recovery of health risk, i.e. the fund to compensate patients, which facilities set aside so as not to have to have recourse to insurance companies.

Gabriele Chiarini, of Studio Legale Chiarini, is an expert in the field of health liability and compensation for personal injury caused by medical error. Chiarini and his staff have created a report on medical errors, which can be read for free at this link:


“Whenever a citizen feels that he or she has been the victim of medical error, the first thing to do is to try to understand whether what actually happened to the patient is a medical error. Then it is necessary to verify if this error is relevant for the law, that is if a damage has occurred for the patient and if this damage is causally connected to the error.

When such preliminary investigations are successful, then we are dealing with a hypothesis of "medical malpractice", which can be managed from a legal point of view, favouring the path of claiming damages in civil proceedings, rather than the - much more difficult - one of complaint or complaint in criminal proceedings.

It is therefore necessary to quantify the exact damage, identify the legal entity that is required to compensate it, open the accident with the responsible Structure and with the Insurance Company, if any, and then manage it out of court and - if necessary - before the competent judicial authority. For all these activities, you should seek advice from a health liability attorney, who should be supported by a legal practitioner and a specialist in the discipline involved.

0/Post a Comment/Comments

Previous Post Next Post