Discover how to claim compensation for medical malpractice in Italy. A complete guide on complaints, financial and non-financial damages, time limits, and rights also for foreign patients.
Medical malpractice is one of the most delicate and complex topics in healthcare law.
Every year, thousands of patients in Italy suffer harm due to medical errors, delayed diagnoses, poorly performed surgical procedures, or hospital inefficiencies.
The consequences are not limited to physical and psychological suffering; they may also be financial and deeply affect the life of the injured person and their family.
In some cases, unfortunately, medical malpractice can have fatal consequences, depriving families of a loved one.
Compensation for medical malpractice is the tool provided by Italian law to guarantee justice and restitution for those who have suffered unfair harm.
It is a right rooted in the constitutional principle of protecting inpidual health and collective interest (Article 32 of the Italian Constitution) and may include both financial damages (medical expenses, loss of income, etc.) and non-financial damages (biological, moral, and existential damages).
What is compensation for medical malpractice?
Compensation for medical malpractice is financial redress granted to those who have suffered harm due to negligent, careless, or culpable conduct by a doctor, healthcare staff, or a hospital facility.
Compensation aims to cover:
- Financial damages, such as incurred medical expenses and possible loss of income.
- Non-financial damages, such as biological, moral, and existential harm.
The right to compensation also extends to foreign citizens receiving treatment in Italy: tourists, residents, and workers from other countries are fully entitled to claim damages in cases of medical error or inefficiency in healthcare facilities, even when the event results in the death of a relative.
When you are entitled to compensation
The right to compensation arises when a medical error causes actual harm to the patient's health, such as a worsening of their condition or the onset of new illnesses.
To obtain compensation, it is necessary to prove the causal link between the error and the harm suffered.
Case law has clarified through various rulings that the patient does not have to prove the error itself, but the causal link, which is assessed according to the criterion of "more likely than not," taking into account diagnostic results and clinical progression.
You are entitled to compensation for medical malpractice when the following elements are present:
- Medical error. A negligent, unskilled (lack of expertise), or careless medical act.
- Damage. Actual deterioration of the patient's condition or the onset of a new pathology.
- Causal link. Proof that the medical error was the direct and necessary cause of the harm.
Common examples of medical malpractice
- Surgical procedures performed incorrectly.
- Misdiagnosis or delayed diagnosis, such as in cases of cancer or heart attacks.
- Infections contracted in hospital environments.
- Injuries or complications arising from treatments administered without informed consent.
- Lack of prophylaxis or prescription of inadequate therapies.
Requirements to claim compensation for medical malpractice
For a patient or their family to claim compensation, three fundamental elements must be demonstrated:
- Existence of concrete and documented harm.
- Existence of a causal link between the harm suffered and the medical error or healthcare omission.
- Proof of the doctor's or hospital's liability.
Complete medical documentation (medical records, reports, tests, certificates) is essential to support the claim.
Limitation periods for medical malpractice claims
Although it is always advisable to act promptly, it is important to know the time limits set by law:
- 10 years if liability is contractual (relationship with the healthcare facility or employed doctor).
- 5 years if liability is non-contractual (e.g., independent practitioner) or if, following the death/incapacity of the patient, relatives claim compensation.
Steps to obtain compensation
Not all unfavourable outcomes involving healthcare facilities qualify as malpractice cases.
However, if you believe your experience or situation warrants further investigation or compensation:
- Collect documentation. Request medical records, test results, reports, and all documentation, including from before the harmful act, plus any autopsy report.
- Consult a lawyer. Seek legal advice to analyse medical documentation and assess whether grounds exist to claim compensation.
- Medical-legal assessment. A forensic doctor can prepare a report to confirm medical liability and quantify damages suffered.
- Legal action. One may attempt to reach an out-of-court settlement with the healthcare facility, but if no agreement is reached, a civil action may be filed in court.
Damages compensable in cases of medical malpractice
Medical malpractice damages may include:
- Financial damages: incurred and future medical expenses, loss of income, costs of continuous care.
- Non-financial damages:
- Biological damage: temporary or permanent injury to health.
- Moral damage: inner suffering and emotional distress.
- Existential damage: deterioration of quality of life and personal relationships.
In the event of death, the victim's family may also claim compensation for loss of family relationship, in addition to any financial damages from the loss of economic support.
Medical liability is contractual in nature, the patient must therefore prove medical fault (negligence, imprudence, incompetence, or breach of rules) by the doctor and/or hospital and the consequential damage.
If no damage results from the medical error, no compensation is due.
In cases of death, liability is non-contractual for heirs claiming damages for loss of kinship.
As already noted, the limitation period is 10 years for contractual liability and 5 years for non-contractual liability.
Types of damages
| Type of Damage | Description | Practical Examples | Who Can Claim It |
| Biological damage | Temporary or permanent injury to physical and psychological health. | Permanent disability, reduced working ability, physical suffering. | Injured patient or heirs (jure hereditatis). |
| Moral damage | Inner and emotional suffering resulting from medical error. | Anxiety, stress, depression after wrong treatment. | Patient or relatives (in case of death). |
| Existential damage | Deterioration of quality of life and personal relationships. | Loss of autonomy, giving up work or social activities. | Patient or relatives. |
| Financial damages | Economic expenses incurred or to be incurred. | Medical expenses, rehabilitation, loss of income, continuous care costs. | Patient or heirs. |
| Damage from loss of family relationship | Consequence of patient's death due to medical error. | Loss of spouse, parent, or child. | Spouse, children, parents, siblings, or cohabitants. |
| Damages jure hereditatis | Damages accrued by the victim between the error and death. | Physical pain, psychological suffering, temporary biological damage. | Legal or testamentary heirs. |
| Damages jure proprio | Direct damages to relatives following the death of the patient. | Loss of affection, financial damage from lack of support. | Close relatives (Italian or foreign). |
Medical malpractice with fatal outcome
If malpractice causes the patient's death, the family may claim:
- Damages jure hereditatis: those suffered by the deceased between the error and death (e.g., physical suffering, temporary biological damage).
- Damages jure proprio: those suffered directly by relatives (loss of family relationship, financial damages for loss of economic support, existential damages).
Foreign family members of a victim who died in Italy are also entitled to claim compensation before Italian courts.
Death from medical malpractice: what happens in court
When a medical error causes a patient's death, in addition to civil compensation, a criminal trial may also be opened against the healthcare professionals involved. In these cases, the most common charge is involuntary manslaughter.
The role of the victim's family
The relatives of the deceased have several options:
- File a complaint with the Public Prosecutor's Office, Carabinieri, or Police to initiate an investigation.
- Join the criminal proceedings as civil parties: this allows them not only to seek the conviction of the doctor or hospital but also to obtain damages directly within the criminal trial, without having to start a separate civil action.
- Initiate an independent civil action: relatives may still choose to pursue civil proceedings for compensation, regardless of the criminal trial.
Possible outcomes of criminal proceedings
- Dismissal: if insufficient evidence of liability emerges.
- Indictment: healthcare professionals are prosecuted for involuntary manslaughter.
- Conviction: in addition to criminal penalties, relatives who joined as civil parties may be awarded damages.
In summary: families of malpractice victims may seek justice and compensation both in civil and criminal proceedings, with the freedom to choose the most suitable course.
Rights of relatives in cases of severe harm to the patient
The rights of relatives arise not only in cases of death but also when the patient suffers harm so severe that they are unable to act personally, such as:
- Coma.
- Irreversible physical injuries with loss of autonomy.
- Severe neurological or psychiatric damage eliminating capacity of understanding and decision-making.
What relatives can do
In these cases, relatives may:
- Act as legal representatives of the incapacitated patient, claiming compensation on their behalf.
- Obtain compensation jure proprio if
they themselves have suffered direct damage, for example:
- Loss or impairment of the family relationship when the patient's condition radically affects family and emotional life.
- Indirect financial damages, such as loss of the economic support the patient used to provide.
Timeframes for obtaining compensation
The time needed to obtain compensation may vary considerably depending on the chosen method:
- Out-of-court settlement (agreement with healthcare facility or insurer): on average, a few months to one year.
- Court proceedings (civil trial with judgment): two to five years, depending on complexity and court workload.
Factors that may extend timelines:
- Complexity of the case.
- Need for medical-legal assessments.
- Opposition from the defendant.
How compensation for medical malpractice is calculated
The calculation of compensation is based on the Tables of the Milan Court, adopted as a national reference.
The main criteria are:
- Patient's age: the younger the patient, the greater the damages for loss of earning capacity and life expectancy.
- Degree of disability: assessed by medical-legal report.
- Severity of the injury: distinction between minor injuries (below 9%) and major injuries (over 9%).
The judge may adjust the amount depending on specific circumstances, such as particular impact on the patient's or family's life.
In cases of death, the calculation considers the family relationship and the victim's age.
Procedure to claim compensation for medical malpractice
The procedure varies depending on the choices made, often following consultation with one's lawyer to determine the most suitable strategy and maximise chances of success.
Possible approaches:
- Out-of-court claim: submission of a formal request to the healthcare facility or insurer.
- Mediation or preliminary technical assessment (ATP): mandatory steps before filing a civil lawsuit.
- Civil lawsuit: if no agreement is reached, proceedings continue in court, supported by medical-legal evidence.
Typical cases of medical malpractice compensation
The most frequent cases leading to compensation include:
- Delayed or incorrect diagnosis.
- Surgical errors.
- Hospital-acquired infections.
- Lack of treatment or delayed assistance.
- Administration of wrong therapies.
- Patient's death due to serious error.
Each case requires specific analysis, as not every negative treatment outcome is automatically malpractice: healthcare professional or facility liability must be established.
Legal assistance in medical malpractice cases
Compensation for medical malpractice is a fundamental right for
patients harmed by medical errors or healthcare
inefficiencies.
To obtain it, it is necessary to prove damage, causal link, and
liability, through a process that may unfold out of court or in
court.
Specialised legal assistance makes the difference: only a lawyer experienced in medical liability can guide the patient through all stages and guarantee maximum protection.
A lawyer plays a central role in:
- Collecting documentation and preparing evidence.
- Liaising with forensic doctors and experts.
- Negotiating with insurance companies.
- Representing the client in mediation or litigation.
If you believe you have been a victim of medical error or if a
family member has suffered from malpractice, contact Boccadutri Law Firm
immediately.
Our lawyers will provide a confidential assessment of your case and
guide you step by step to obtain justice and fair compensation.
Boccadutri Law Firm offers qualified assistance in Italy and abroad:
- Multilingual consultancy.
- Legal support also for foreign patients who suffered malpractice in Italy.
FAQ on medical malpractice compensation
How long do I have to claim compensation for medical malpractice?
The limitation period is 10 years for contractual liability and 5 years for non-contractual liability. For criminal offences, the limitation period ranges from 3 to 15 years.
Is a medical-legal assessment necessary?
Yes, the assessment is essential to establish the link between the damage and the healthcare conduct.
What happens if the liability lies with the hospital rather than the doctor?
In such cases, the claim is made directly against the hospital, which is civilly liable for the damage.
Can the victim's relatives also claim compensation?
Yes, relatives may obtain compensation for loss of family relationship and for financial consequences of the loved one's death.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
