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TIME LIMITS ON MEDICAL NEGLIGENCE CLAIMS IN ITALY

In Italy we use to distinguish the responsibility of the doctor from that of the hospital (clinic).

The non-contractual liability of the doctor, in fact, involves as an immediate consequence that the action for damages brought against him is subject to the five-year prescription period. This is due to the express provision of Article 2947 of the Italian Civil Code, which states that “the right to compensation for damages deriving from an unlawful act is prescribed in five years from the day on which the event occurred”.

On the other hand, the contractual liability of the public or private health facility, entails the subjection of the action against him to the ordinary ten-year prescription period provided for by Article 2946 of the Civil Code, pursuant to which “save the cases in which the law otherwise, the rights are extinguished by statute of limitations after ten years”.

If you have been injured by medical negligence, you might need to consider a claim.

Our team of experienced lawyers are here to help you claim vital medical compensation, no matter the reason. We will work with you to establish the circumstances of the negligence.

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