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Medical Malpractice Lawyer | Compensation in Rome - Italy

There are moments in life when we are more vulnerable for experiencing a fragility that does not allow us to be independent, sometimes either physically or psychologically.

Lastra avvocato malasanita romaIn these moments we need each other more than ever and all the reliability and certainty that gave us strength just one moment before, disappear.

We use to spend the daysof our lives jumping around from task to task without figuring out what we are looking for: family, money, career, success. Days, months, years, theyflow and we are not able to realize how precious time is, how unique every single moment is. Time goes by and we do not know it because of a foolish madnessthat do not allow us to focus on things that really matters.

Then here comes a day when we feel ill, our body not reacting as usual. We suddenly find out to be sick, realizing that everything must be put aside in order to fight the very important battle of living a life physically weakened by this condition.

Under these circumstances we use to give rise to our worst negative feelings, like desperation and fear. And by the way it is under these circumstances that we totally rely on the person who is supposed to provide us with every medical treatment we need, the one that is going to take care of us while we struggle and the one that will stand by our side during our recovery, the doctor.

Indeed, acting as a human,one day he could get wrong, he could succumb to a bad day, being too tired to be clear headed, and won’t be able to make promptly critical decision anymore.

That is the very day when he is going to make an error. An error he won’t fix. An error that will affect the most important value of a person or even cause the end of a life.

This is when you need to retain a medical malpractice Lawyer in Italy. The law firm will provide with legal aid in order to demand justice, to identify the health care provider liable for the broken life and to regain some serenity after a judgement of compensation has been properly made against him.

During settlement negotiation, Insurance companies and Hospitals may deny the error and mislead the facts to defend themselves, making the defensive task more difficult than it should be.

Then, the plaintiff’s lawyer is called to set the case before the court proving how much harm has originated from the medical error; but, aside from the physical damage, how do you give evidence to all the killed dreams, the lost balance, the ultimate demise of hope and ambition for the future?

In Italy patients can claims for medical malpractice up to ten years after the medical error, unlike most common law countries, where this is limited to five years.

Medical Malpractice Attorney Italy | Rome

Deal with medical malpractice means to be connected daily with people facing day after day the consequences of the medical error: untreated disease left to worsen, a new condition side effect of a wrong treatment or surgery, or worse, the sufferings caused to family members of the medical error deceased victim.

The relationship between lawyer and plaintiff may be delicate. Courts happen to be very unpredictable as well as many things may not go as expected by the victim. Indeed, justice should resemble a little to what citizens guess it would be. I went to see a doctor, I put my life in his hands and since his negligence, malpractice or imprudence caused harm and physical injury to me, against every doctor’s duty, he must pay.

This is what a medical error victim easily thinks about his case while retaining a lawyer, who is however unpleasantly committed to speak about medical expertise, causal relationship between conduct and result, assessment of biological damage, burden of proof. The italian medical malpractice Attorney will be called to deal with the preparation of the claim in the effort to prove that the medical conduct is the very cause of the plaintiff’s damages.

Unlike other types of causes many feelings are at stake here. Once the patient has been disappointed by the doctor to whom he was totally entrusted, he will then completely rely on the lawyer, who has to be fully engaged to preserve the plaintiff from another fierce disillusion.

Medical Errors Compensation Law Firm

studio legale errore medicoThe technicality of the subject is one of the biggest challenges that those involved in a medical malpractice trial must face. So, from time to time, an analysis is required of the variouscircumstances necessarily connected to a medical knowledge out of the lawyers or the judge’s proficiency.

Hence, it would be fully required to study, learn and enlistsome reliable medical expertise counsels that would help us focusing the case from a legal point of view, without prejudice neither against the patient nor against the implicated doctor.

There are particularly severe cases where million dollar compensations for medical malpractice are involved and deaths to justice. These are the cases where the lawyer can hardly try to stay relaxed before each hearing.

The most delicate task pertains to the reconstruction of the causal relationship between conduct and result or, in other words, figuring out which conditions determined certain consequences, because it often occurs that a specific event depends noton a single action, but on multiple causes, and the human mistake is only one of them.

The first challenge of the trial is to assess the degree of responsibility of the human conduct against the damage suffered by the patient, in order to obtain an appropriate compensation for medical malpractice to whom is concerned or those who survived.

Our Lawyers can help the Client in the whole italian territory both for the judicial and extrajudicial activities, the law firm headquarter is set in Rome.

Settlement negotiation with doctors and insurance company

The first step toward the restoration of the wounded legality can definitely be found in the whole pre-trial activity set out before the actual judicial proceedings.

First,we would send a formal notice or set a formal meeting that will lead to a negotiation.

Compensatory damages for medical errors: the trial stage

Shouldn’t the parties enter into a settlement agreement, the trial stage before the Court begins. It is where the plaintiff’s claim can be upheld and where it can be conducted an in-depth evaluation of all the factual circumstances of the incident, in order the processual truth to prevail and the medical malpractice sufferings to be compensated.

At this stage, the attorney specialized in medical malpractice cases, is going to file the paperwork to initiate the trial, converting the gathered evidences in measures of inquiry so that the Court is enabled to ascertainboth the legal source of the obligations and the actual damages suffered by the plaintiff. The assessment of the damages is the last step of the trial.

Assessment of damages: Medication errors Lawyers

sala operatoria risarcimento malasanità romaMedication errors usually cause health damages, the quantum to be determined and awarded according to the ordinary bipolar patrimonial and non-patrimonial damages system. In this case it would help a medication errors Lawyer.

Patrimonial damage is namely parted between damnum emergens and lucrumcessans; it means that the quantum of damages must be calculated taking into account all out-of-pocket expenses that the claimant paid and will pay as a result of the injury, and the lost profits, in the event that reducing working capacities caused a loss of earnings.

To calculate non-patrimonial damage can get in turn a bit more difficult as the quantum must be equitably determined by the Court on a case by case basis upon the assessment of everybiological,subjective moral and existential damage suffered by the plaintiff.

The first category is being intended with regard to the detriment of health integrity, and is determined by the quantification tables for the calculation of compensation throughout Italian Courts, according to disability rating, age and previous victim’s condition.

The secondone is consisting in emotional distress and subjective harm caused by the tort.

Then the existential damage is all about the prejudice to the various aspects of everyday life, that the injured has been compelled to modify as an effect of the medical error and not by his own choice.

As the family members are always involved into sufferings and prejudice to everyday life as well as their injured loved one, the subjective moral and existential damages are recognized to them too.

Patient, family, doctor, judge

These proceedings involve many people. Sufferings affect not only the patient, directly concerned and damaged, but also his beloved ones during the long journey throughout recovery or in the event of his permanent disability.

Even the formal parties of the proceedings can stand emotionless. Think about the Court members called to the judgement over a patient’s death or the Prosecutor presenting the case.

When such things happen, all the emotional side of the legal job comes back to be felt, especially if you consider that this kind of events can occur to anyone else.

Feel free to contact our medical malpractice attorney of the Rome Law Firm.

For foreign people: for the first contact send us a detailed email to This email address is being protected from spambots. You need JavaScript enabled to view it., remember to write your contacts.


In Italy patients can claims for medical malpractice up to ten years after the medical error, unlike most common law countries, where this is limited to five years.