Discover how to report a hospital for medical negligence: timelines, procedures and compensation. A guide for Italian and foreign patients.
Experiencing medical error or improper healthcare treatment is a painful and often traumatic event.
In such cases, knowing how to report a hospital for negligence becomes essential to obtain justice and fair compensation.
Let us clarify when it is possible to report a hospital, how to proceed, what evidence is required and what compensation can be obtained, with particular attention also to foreign patients who have suffered medical malpractice in Italy, often in situations of particular vulnerability.
When it is possible to report a hospital for negligence
You may report a hospital for negligence when a patient suffers physical or psychological harm (worsening of conditions, unexpected complications, misdiagnosis, ...) caused by negligent, imprudent, unskilful conduct or breaches of protocols by healthcare staff.
To proceed, it is essential to collect all medical evidence, consult a forensic doctor and a lawyer, while considering the statute of limitations: 10 years for civil compensation actions and 3 months for a criminal complaint.
What is meant by hospital negligence
Hospital negligence occurs when a patient suffers damage due to improper conduct, omissions or medical errors.
The legal bases are:
- Lack of skill (imperizia): insufficient technical preparation (e.g. surgical error).
- Imprudence: taking risky actions without due caution (e.g. premature discharge).
- Negligence: carelessness or superficiality (e.g. failure to monitor post-surgery).
It is important to distinguish the liability of the individual doctor (personal error) from that of the healthcare facility (deficient organisation, lack of hygiene, understaffing).
Foreign nationals receiving care in Italy have the full right to report cases of negligence, regardless of their nationality or type of stay.
How to report a hospital for negligence
Reporting a hospital for negligence requires some fundamental steps:
- Collection of all medical records: clinical chart, reports, prescriptions.
- Legal assistance: legal support is essential to properly structure the complaint.
- Filing the complaint: it can be lodged with the Public Prosecutor's Office, the Police, the Carabinieri, or through a civil action.
- Mandatory mediation and preventive technical assessment: required under the Gelli–Bianco Law as preliminary stages aimed at seeking a quick resolution and reducing trial times.
Legal action against a hospital: prerequisites and process
In addition to criminal proceedings, if you are a victim of medical malpractice in a hospital, you may file a civil lawsuit for compensation.
The procedure may be:
- Out-of-court: attempt to reach an agreement with the facility or its insurer, which is usually faster.
- In-court: filing a civil lawsuit before the court, with longer timelines (on average 3–5 years).
The judge relies on forensic medical assessments and clinical records to determine liability.
Actual cases where action against a hospital is possible
The most frequent situations of negligence justifying a claim for medical malpractice compensation include:
- Surgical errors: improperly performed interventions, organ damage, forgotten surgical tools, or lack of post-operative care.
- Hospital-acquired infections: also known as nosocomial infections, falling within the hospital's direct liability. Contracted during hospitalisation due to poor hygiene or failure to follow prevention protocols.
- Failure to diagnose or late diagnosis of serious diseases: a severe situation preventing timely treatment.
- Medication errors: incorrect dosages, wrong drugs, ...
- Organisational or management errors: poor internal organisation, understaffing, use of obsolete equipment, treatment delays, mix-up of medical records.
Italian case law has already recognised numerous compensations in similar cases, establishing the liability of healthcare facilities.
How to prove the harm suffered: evidence
To obtain justice, concrete evidence is required:
- Clinical chart and reports requested from the hospital.
- Testimonies of staff and relatives.
- Independent forensic medical assessments.
In court, a key role is played by the Court-Appointed Expert (CTU) designated by the judge.
Acting promptly is essential to avoid loss of evidence.
Who has the right to access medical records
Under Italian law, the medical management (public or private) of the facility holding the records must provide the patient's medical documentation within seven days from the request by the patient or those entitled.
The documents to be provided include any supplementary test results or reports, which must be produced within thirty days from the date of the request.
In case of impossibility or death of the patient, medical records may be requested by heirs, within certain limits.
To request them, one must have a legitimate interest, or act in the interest of the deceased/incapacitated patient, for family reasons deserving protection.
The facility must provide the records within 30 days.
Under the GDPR (General Data Protection Regulation), if the patient has expressly prohibited the sharing of their hospital records through a written statement communicated to the data controller, no one can access those records, unless the prohibition would harm the exercise by third parties of patrimonial rights deriving from the patient's death, as well as their right to defend their interests in court.
Time limits to report a hospital for negligence
The law sets specific limitation periods:
- 10 years for contractual liability (relationship between patient and healthcare facility).
- 5 years for non-contractual liability (civil tort).
The limitation period starts from when the patient discovers the error or damage.
For criminal complaints, the timelines depend on the offence charged (bodily harm, manslaughter).
Foreign nationals harmed in Italy must also comply with the same deadlines under Italian law.
Table 1 – Limitation Periods for Reporting a Hospital for Negligence
| Type of Action | Limitation Period | Starting Point | Notes |
| Civil action for contractual liability | 10 years | From discovery of error or damage | Patient–hospital relationship |
| Civil action for non-contractual liability | 5 years | From discovery of error or damage | General civil tort |
| Criminal complaint | 3 months | From the event or its discovery | Except for more serious crimes (e.g. manslaughter) |
| Serious criminal offences (bodily harm, manslaughter) | Variable (e.g. 6–10 years) | From commission of offence | Depends on the Criminal Code |
What types of damages are compensable?
Compensation for medical malpractice, claimable against a healthcare facility, may include:
- Biological damage: injury to physical or mental health.
- Moral damage: suffering and pain endured.
- Pecuniary damage: medical expenses, loss of income.
- Loss of chance: reduced prospects of recovery or survival.
In cases of death or serious disability, family members are also entitled to compensation.
The calculation follows the Milan Court Tables, or the more recent National Unified Tables for medical liability, recognised by the Court of Cassation as the main standard for ensuring fair and uniform awards.
These tables set out a system for assessing permanent disability that considers both the biological damage and the victim's age, thus allowing the compensation to be quantified.
Table 2 – Compensable Damages in Case of Hospital Negligence
| Type of Damage | Description | Beneficiaries |
| Biological damage | Injury to physical or mental health, temporary or permanent | Patient |
| Moral damage | Psychological pain and suffering endured | Patient |
| Pecuniary damage | Medical expenses, loss of income, care costs | Patient |
| Loss of chance | Reduced chances of recovery or survival | Patient |
| Compensation to family members | Compensation for death or serious disability of the patient | Spouse, children, close relatives |
Foreign nationals victims of medical malpractice in Italy
Those in Italy for tourism, work or study may unfortunately suffer medical errors or inadequate treatment.
Foreign nationals have the same rights as Italian citizens to file a complaint and obtain compensation.
- Legal procedures follow Italian law, but the process may be complex without qualified assistance.
- It is essential to rely on a law firm with international experience, able to handle cases remotely and in multiple languages, to ensure maximum protection of rights.
Boccadutri Law Firm offers tailored assistance to tourists, expats, students and foreign workers who have suffered cases of medical malpractice in Italy, managing the entire complaint and compensation process.
Who to contact to proceed properly
Reporting a hospital for negligence is a complex but necessary process to enforce one's rights.
The international Boccadutri Law Firm, thanks to its global experience, assists not only Italian citizens but also foreign patients who are victims of medical negligence in Italy.
We assist tourists, workers and students who, being far from their own country, may find it difficult to face legal proceedings alone.
If you believe you are a victim of medical malpractice, contact our lawyers for a confidential consultation.
FAQ – Frequently Asked Questions on How to Report a Hospital for Negligence
When can a hospital be reported?
A hospital can be reported when improper, negligent, imprudent or unskilful conduct by healthcare staff has caused physical or psychological harm to the patient (e.g. misdiagnosis, surgical error, hospital-acquired infection).
What is meant by medical negligence?
Medical negligence is the lack of attention or diligence by healthcare staff. It occurs in cases such as failure to monitor after surgery, omission of checks, or carelessness in patient treatment.
What is medical imprudence?
Imprudence occurs when a doctor engages in risky behaviour without necessary caution, such as discharging a patient too early or attempting procedures without evaluating the risks.
What is the difference between lack of skill, imprudence and negligence?
Lack of skill (imperizia): inadequate technical
preparation or professional error (e.g. operation performed
incorrectly).
Imprudence: risky action without
precautions.
Negligence: carelessness or superficiality.
How can medical negligence be proven?
It is necessary to collect evidence such as clinical charts, reports, testimonies and forensic medical assessments. In court, a central role is played by the Court-Appointed Expert (CTU) designated by the judge.
Who can request medical records?
The patient has the right to receive all their documentation within 7 days from the request. In case of death or incapacity, heirs or those entitled may request it, subject to GDPR limitations.
What must a patient prove to obtain compensation for malpractice?
The patient must prove the causal link between the conduct of the doctor/hospital and the harm suffered, showing that the damage would not have occurred without that error.
What are the time limits to report a hospital?
Civil: 10 years for contractual liability and 5
years for non-contractual liability.
Criminal: 3 months to file a complaint, except for
more serious crimes (e.g. manslaughter). The limitation period
starts when the patient discovers the error.
How to sue the Local Health Authority (ASL) or a healthcare facility?
You must contact a lawyer specialised in medical liability, start the mandatory mediation procedure and, if no settlement is reached, proceed with a civil action against the ASL or the hospital.
You must contact a lawyer specialised in medical liability, start Can foreign nationals report a hospital in Italy?
Yes. Foreign patients have the same rights as Italian citizens and may claim compensation for malpractice. However, it is advisable to rely on an international law firm capable of handling cases from abroad and in multiple languages.
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.
