Lawyers for medical malpractice in Milan | compensation for damages
Dimarco & Partners Law Firm
Our Lawyers in Milan are expert in cases concerning medical malpractice of italian hospitals. It is very necessary to proceed with methodology in order to assist the client in the request for compensation for damages. The Client has to be informed about the steps to take, about the compensation that is possible to get and the expenses to afford. Our firm is specialized in assisting the victims of serious damages or the heirs of the victims of mortal damages happened in hospitals seated in Milan. Once the medical negligence is commited, it is important to organize the claim against the hospital as follow:
  • Phase 1: to request the medical record.
Our lawyer will give you an advice on how to request a copy of your documentation to the hospital. The structure is obliged to provide a copy of the medical record.
  • Phase 2: to analyze the medical record and to establish the quantification of the damage.
Once the copy of the medical record is received, our Law Firm can recommend to the Client a coroner in Milan to determine if there is a medical malpractice from the italian hospital and its quantification. The coroner determines the causes of the medical negligence and the percentage of the biological damage. Once it is established the liability of the hospital and the percentage of the biological damage it is possible to determine the amount of the compensation according to the law as established from the site of the Bar association of Milan http://www.ordineavvocatimilano.it/upload/file/allegati_articoli/Danno_non_patr_2014_tabella.pdf
The amount of the compensation depends on two parameters: the age of the damaged person and the percentage of the biological damage. If the percentage is the same between two subjects, the amount can different considering their age: the damage suffered from a younger subject will provide a higher compensation.
The final quantification, apart the biological damage, will take in consideration other aspects as:
- the moral damage;
- the medical costs for a new surgery that will repair the negligent behaviour of the hospital;
- the temporary disability;
- the damage concerning the working possibilities.
  • Phase 3: to draft the legal notice of payment against the hospital seated in Milan:
Our lawyers, once the legal report from the coroner is received, will draft a legal notice of payment against the hospital, in order to break the limitation period and to request the compensation for the suffered damages. Normally the hospital communicate the claim to its insurance  and an internal procedure is started. The legal report of the coroner will be evaluated from the hospital and the Client will be visited by the coroner of the hospital. At the end of this phase, if the hospital consider that there is a medical negligence, purpose a sum to compensate the damages. Generally the hospital do not pay in this phase if the damage suffered provides a high quantification.
  • Phase 4: Mediation in Italy:
If the parts do not compose amicably the case, according by the law, before lodging a claim to the court, it is compulsory to start a mediation procedure. Our lawyers draft the deed and invite the hospital to appear in the meeting that has to be done in 30 days from the request. If in this phase the parts reach an agreement, it will have the same value of a sentence.
  • Phase 5: Claim in front of the Court of Milan:
If the parts do not find an agreement in the mediation procedure, our lawyers from the Medical Malpractice Department (MMD) will draft a writ of summon against the hospital in order to obtain the compensation.

We look forward to assist you.