At LGC, we specialise in assisting patients who are victims of medical malpractice in both the judicial and extrajudicial phases, in order to obtain compensation for all damages suffered by them or their families.
On the subject of medical and healthcare liability, Law No. 24 of 8 March 2017, setting forth ‘Provisions on the safety of care and the assisted person, as well as on the professional liability of healthcare professionals’, or the so-called ‘Gelli’ law, has recently intervened, which also contains new procedural indications for the initiation of litigation, both against doctors and healthcare facilities. In particular, Article 8 of the law provides that whoever intends to take legal action for compensation for damages arising from healthcare liability is required, as a preliminary step, to file an appeal (pursuant to Article 696-bis of the Code of Civil Procedure) for a preventive technical consultancy in order to settle the dispute; or, alternatively, to initiate a mediation procedure pursuant to Legislative Decree 28/2010. Subsequent action before the ordinary judicial authorities, therefore, will only be possible if it has not been possible to reach an amicable settlement of the dispute at the outcome of one of the two procedures mentioned.
