Compensation for medical error

Do you think you were the victim of an episode of medical malpractice?

Do you think the doctor who treated you worked with negligence or inexperience and did you harm?

Explain your case, without obligation.
We will examine the situation and the documents for free and we will tell you if there are grounds for requesting compensation for medical malpractice.

If the necessary requirements are met, we will open the file and you will pay only when the compensation is obtained.

The term medical malpractice is used to indicate different phenomena, including:

  • the medical error
  • unnecessary or harmful care or paperwork (e.g. unnecessary surgery, medicines used without justification)
  • the mismanagement of public health (e.g. long time spent in care and in service bookings)

If there has been a medical error, our professional staff will follow you thorugh the extrajudicial way and possibly judicial.

When you are entitled to compensation for medical error (medical malpractice):

  • if the doctor has made a mistake during the surgery or in the post-surgical phase
  • if you have not been adequately informed about the risks of a surgical procedure and, therefore, your consent was flawed
  • if the diagnosis was wrong or late
  • if the doctor has not prescribed you necessary examinations that would have clarified the health conditions
  • if the correct medical/health assistance has not been provided

Citizens who are victims of these events are protected by law, being able to claim compensation for medical malpractice.

To this end, the patient must displayto the lawyer a series of documents that can support his position.

Thanks to these documents and the consultation with a medical examiner, it will be possible to evaluate both the amount of the damage and the extent to which it was determined by the medical error.

The most important documents to be presented are the medical record  or any other medical documentation  (for example, informed consent). If this documentation is missing, it will be our professional who will help you request it and obtain it.

The medical record is essential and must be kept up-to-date by medical operators and complete in all its parts. The incompleteness of the medical record or the alteration of a true act (Article 476 of the Italian Criminal Code) can be considered a worsening of the culpable conduct of the doctor. Please note that every patient has the right to access all the health records related to his / her stay.

Then a P.E.’s report will be carried out. This report serves to ensure that the damage is immediately attributable to the conduct of the doctor. The medical examiner will assess the patient’s biological damage and will write down his analyses in the P.E.’s report. The doctor then explains the medical history, the poorly-perfomed treatment and the effects that the traumatic event has brought to the patient.

Addressing the claim for compensation for medical error

Law 24/2017 established a specific procedure for claims for medical errors.
The compensation request must be addressed to the structure (public or private) that provided the health services.

In fact, pursuant to Articles 1218 and 1228 of the Italian Civil Code, the structure is liable for contractual liability. For the patient this means that he only has to demonstrate that he has turned to the structure and suffered damage. As mentioned above, to demonstrate that the damage is derived precisely from those medical treatments (or surgery), P.E.’s report is necessary (even this phase will be dealt with by Ameco).

When the structure or the Professional will receive a claim for damages, they will file the claim to the Insurance Company that covers them for civil liability towards third parties.

For further information

              

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