Compensation for damage from medical negligence and medical errors

Legal protection for damage caused by medical errors and healthcare liability

When a person believes they have suffered damage because of a medical error, a delayed or wrong diagnosis, an inadequate therapy or another possible healthcare liability, it is essential to understand quickly what happened. And to understand whether there are grounds to seek compensation.

In collaboration with a law firm that deals exclusively with compensation for damage, we assist throughout Italy people and families who have suffered damage due to a possible healthcare liability. We offer a complete legal and medico-legal assessment of the case.

Before talking about compensation, understand what happened

Cases of healthcare liability require a particularly rigorous analysis. For this reason it is essential to examine the healthcare documentation carefully and reconstruct the patient’s clinical pathway.

The assessment may concern, among other aspects:

• any errors in the diagnosis;
• delayed or missed diagnoses;
• errors in the performance of surgical operations;
• errors in therapy;
• delays in the intervention or treatment;
• damage caused by medical treatments or procedures;
• permanent consequences on the patient’s health;
• cases in which the patient has died.

Every situation must be assessed on the basis of the concrete circumstances and the available documentation.

An integrated approach: legal expertise and medico-legal assessment

Healthcare liability is a field in which legal analysis alone is not enough.

To understand whether damage can be linked to a healthcare conduct, and to correctly assess the consequences suffered by the patient, it is necessary to compare the clinical documentation with the appropriate medico-legal knowledge and assessments.

For this reason, when necessary, the legal assessment is integrated with the contribution of medico-legal experts and specialists.

What damage can be compensated?

The assessment of damage always depends on the specific characteristics of the case.

Where the grounds exist, the physical, psychological and economic consequences suffered by the person may be relevant, including:

• temporary disability;
• permanent disability;
• suffering and other non-economic consequences;
• medical and healthcare costs;
• rehabilitation costs;
• the future need for care and assistance;
• loss or reduction of the ability to work;
• economic damage;
• further consequences assessable in money;
• the consequences of the patient’s death and the damage suffered by family members, in the cases provided for by law.

A correct quantification requires an individual assessment and adequate documentation.

Complex cases and serious damage

When the damage has caused a significant loss of autonomy, a permanent disability or the death of the person, the assessment must also consider the future consequences and the overall impact of the event.

A pre-litigation solution, when possible

Not all disputes concerning healthcare liability must necessarily reach a judge.

When the grounds exist, our firm first of all assesses the possibility of a pre-litigation solution, that is, outside the court: the claim for compensation and the discussion with the healthcare facility, the professional or the insurance company involved.

If it is not possible to reach an adequate solution, we assess with the client the subsequent court initiatives.

Assistance also for foreign clients

Healthcare liability can be particularly complex when the patient is foreign, or when the event occurred in Italy during a stay, a trip or a period of residence in the country.

In these cases our firm can provide legal assistance in Italy and be the point of reference for the client and their family, facilitating communication and dealings with the parties involved.

Do you believe you have suffered damage from medical negligence?

If you have suffered damage after an operation, a therapy, a diagnosis or a healthcare pathway and want to understand whether there may be liability, you can submit your case to us.