Liability and Malpractice

Competence in the field of civil liability, with further specialization in professional liability and MedMal, is guaranteed by over 30 years of experience in the sector, both by assisting insurance companies and professionals, against whom compensation actions based on the work contract are proposed, and public and private health facilities.


During the years, parallel to the evolution of the system, the activity has no longer been limited to judicial defence but has extended to collaboration with company risk management. In the healthcare sector, a multidisciplinary approach is, in fact, indispensable in the preparation of internal procedures aimed at preventing clinical risk and managing claims in “Self Insurance Retention”, or in the absence of insurance coverage.


Currently, most public and private health facilities do not have professional liability insurance or, at least, have taken out policies that in any case leave them with an important amount of compensation to be paid.


Furthermore, due to the effect of law 24.17, the possibility of taking revenge against the doctors responsible for the disputed treatment has become extremely limited and subject to very strict rules.


Finally, when the implementing decree of Law 24/17 on insurance matters is issued, it will be mandatory for all uninsured or partially insured structures to have a risk assessment committee.


Therefore, it is essential that an efficient internal claims management system be organized, which operates on the one hand as an insurer, instructing the individual positions, defining the defensive strategy, establishing the reserve to be placed in the balance sheet, and evaluating any settlement opportunities.


On the other hand, it has to operate in close liaison with the other corporate functions (in particular, health management and risk management), operating with the dual objective of reducing claims and guaranteeing adequate defensive resources in the event of a dispute.


In summary, the activities managed by the firm could be identified as follows:

  • management of disputes under the self-insurance retention regime;
  • posting of reserves relating to claims to the financial statements and discussion with the auditors;
  • due diligence on claims relating to companies in the process of being acquired;
  • support to the risk management structure;
  • preparation and review of internal procedures aimed at reducing clinical risk and judicial defence;
  • Verification of corporate compliance with respect to the innovations introduced by law 24.17, currently being implemented, and by the Corporate Crisis Code (Legislative Decree 14.19).


Finally, it is possible for customers to electronically access an updated database, checking directly and in real-time, the status of the positions entrusted.