Medical liability

Competent and suitable defence in medical malpractice and medical error cases

responsabilita medico

Cases of medical malpractice and medical error require the support of an expert law firm with proven experience in this field

 

Medical liability is the professional liability of those carrying out medical activity for damages caused to the patient by errors, omissions, or violations of the Guidelines and/or obligations relating to that activity. The Reni Law Firm represents clients – or their relatives – intending to claim compensation for all damages suffered due to poor healthcare services, medical error, medical malpractice, and connected with medical liability, in the event of the patient’s death or serious injuries that have limited, in whole or in part, the injured patient’s capacity to act.

Our medico-legal consultants and medical specialists

As well as guaranteeing excellent legal expertise in the field of medical liability, our firm can count on the support of expert medical consultants, thereby combining legal and medical knowledge in order to guarantee the success of the actions undertaken and to obtain the correct compensation as a result of cases of medical error or malpractice.

Who is liable in the case of medical errors?

In order for a certain behaviour by a doctor to give rise to liability, the act or omission implemented by the same must always be linked to the injurious event (i.e. the damage suffered by the patient) by a causal relationship. “Causal” means that the act or omission must be the direct cause of the injurious event, without which the event would not have occurred.

Our firm is able to provide assistance and support on different medical liability issues

  • Medical liability due to lack of or incorrect diagnosis

We are able to support and represent our clients adequately and successfully. Not diagnosing an illness, or diagnosing it too late, is one of the most common cases of medical malpractice and it can delay the necessary treatment and even lead, in the most serious circumstances, to death.

  • Medical liability for surgical errors

Our lawyers and consultants, expert in the field of personal injuries due to surgical errors, will help you to understand the facts and the applicable legislation. We can provide the necessary assistance and will represent you in cases aimed at obtaining compensation for damages related to surgical errors of any nature, even the rarest.

  • Liability for anesthesiology errors

Even though anaesthesia is now a safe practice, anesthesiology errors may lead to slight or very serious consequences for which the patient has the right to be compensated.

  • Medical liability of hospitals and clinics

There are circumstances of liability which are not based upon faults of individual operators or doctors, but which can rather be linked to organisational deficiencies, that is to “anonymous” circumstances, such as: hospital infections; too lengthy waiting lists for operations or examinations which are crucial for the patient’s health; incapacity to carry out adequate tests; violations of informed consent; inadequacy of the hospital or the safety devices; and other liabilities attributable to hospitals or clinics.

 

In particular, with the entry into force of the “Gelli-Bianco Law”, on 1 April 2017, the medical liability of the hospital for damages caused to patients was classified by jurisprudence as having contractual nature, based upon a specific “Hospitalisation Contract”, by virtue of which the hospital is obliged to provide to the patient a very articulated service, defined generically as “healthcare”. As part of this atypical contractual relationship, in addition to medical services, other services – such as those related to accommodation, safety, and/or protection requirements – also gain significance.