REGGIO CALABRIA · ITALY
Studio Legale Mortelliti
Medical liability

Medical liability and insurance coverage

The Firm handles disputes arising from healthcare activities, examining both liability issues and the scope of insurance protection.

The Firm assists public healthcare institutions and the insurers covering their risks in medical liability disputes, within the framework established by Italian Law No. 24 of 8 March 2017. Its work includes mandatory preliminary proceedings, proceedings on the merits, and relationships between healthcare institutions, practitioners and insurers.

Liability of healthcare institutions

Defence of hospitals and healthcare institutions against claims for damages, including analysis of the institution’s contractual liability under Article 7 of Law No. 24/2017.

Liability of healthcare professionals

Issues concerning the non-contractual liability of healthcare practitioners, including dental treatment and independent professional practice.

Preliminary technical assessment and mediation

Management of mandatory conciliation attempts through preventive expert assessment pursuant to Article 696-bis of the Italian Code of Civil Procedure or mediation under Article 8 of Law No. 24/2017.

Evidence and medical expert assessments

Review of medical records and informed consent, and coordination with medical-legal experts and specialist consultants appointed by the parties.

Insurance coverage

Operation of insurance policies covering institutions and healthcare practitioners, claims-made arrangements, self-insurance management and transfers of insurance portfolios.

Indemnity and recourse

Third-party warranty claims against practitioners or insurers, actions for recourse and administrative liability within the statutory limits under Article 9 of Law No. 24/2017.

For information about the Firm’s professional organisation, see the Professionals.

Healthcare liability: practical questions

A hospital in Calabria has received a compensation claim. What should it do first?

The initial review should preserve medical records and correspondence, identify procedural deadlines, and examine the relevant insurance arrangements. Medical and legal assessments should be coordinated before a response is formulated.

Is a preliminary procedure required before bringing a medical negligence claim in Italy?

For disputes within its scope, Article 8 of Law 24/2017 requires a prior attempt through court-appointed technical assessment for settlement under Article 696-bis of the Italian Code of Civil Procedure or mediation. The correct route depends on the case.

Can an insurer or healthcare organisation obtain assistance in English?

The Firm deals with healthcare liability and insurance disputes, including issues involving multiple parties and claims-made cover. The scope of any English-language assistance should be agreed when instructions are given.

These answers are general information, not advice on a specific case.

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