Legal advice on doctors and health facilities liability

Health Liability and Medical Responsibility

The medical liability area is probably one of those in which the Firm has reached the highest level of specialization, allowing victims and their families to obtain the right compensation for any injury suffered due to medical diagnostic or executive errors, omissions of medical treatment, or disservices of the hospital structure.
The undoubted relevance of this issue – beyond the crude and sometimes inappropriate simplifications of journalistic and television language (which does not hesitate to simplistically talk about “compensation for medical malpractice“) – has led the lawyers of Chiarini Law Firm to develop a project, dedicated to medical and health responsibility and to compensation for personal injury.

The Practitioners of the Firm – many of whom have dealt with the regulatory discipline of the relationship between the Patient and the nursing home also in the context of university and extra-university teaching activities carried out – have obtained significant results both in court and out of court , especially in terms of compensation for nosocomial infection, lack of organization of the health facility, team responsibility, informed consent, emergency-urgency, legal ophthalmology, death from medical malpractice, macro-permanent injuries, loss of chances of survival and healing.

As is well known, the phrases “medical responsibility” and “health responsibility” are not synonymous, although they are thus used interchangeably. In reality, the concept of medical liability refers to a type of damage related to specific fault profiles of medical or para-medical personnel; that of health responsibility, on the other hand, includes all the offenses attributable to the structure as a whole.
Therefore, health responsibility has a broader semantic scope than medical responsibility: in fact, the field of application of health responsibility includes that of medical responsibility (because the structure always responds to the behavior of the staff working within it, as well understood also by the “legge Gelli Bianco” in Italy), but it does not end there (because there are assumptions of liability of the structure that are not based on the fault of the individual operator, but are linked to organizational deficiencies, or to “anonymous” cases, as in the case of hospital acquired infections).

More information on the topic of health liability and medical responsibility, as well as on the assistance services dedicated – subsequently – to patients and healthcare professionals, can be found on the pages dedicated to the “PERSALUTE Project – Malpractice & Compensation“.