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24/09/2025Suffering harm to your health due to a medical error is a painful and unfair experience.
For foreign citizens living in Italy, facing a situation of medical malpractice can be even more difficult, both because of the language barrier and the complexity of Italian law.
In these cases, it is important to know that Italian law protects the rights of victims, guaranteeing the possibility of obtaining financial compensation for the damages suffered.
Below, we clearly explain what is meant by medical malpractice, who can claim compensation, how justice works in these cases, and why it is essential to rely on experienced lawyers and medical experts.
By contacting avvocaticollegati.it, you will have access to lawyers and medical experts who speak fluent English.
What Is Meant by Medical Malpractice under Italian Law
The term medical malpractice refers to errors committed by doctors, nurses, hospitals, or healthcare facilities - whether public or private - that cause harm to a patient’s health.
These errors may result from:
- Incorrect or delayed diagnoses
- Surgical errors
- Omissions or lack of adequate medical checks
- Infections contracted in hospital
- Insufficient assistance during childbirth
- Inappropriate therapies or incorrect dosages of medication.
Italian law states that when a patient suffers avoidable harm due to negligent medical conduct, they have the right to claim compensation.
Who Has the Right to Compensation for Medical Errors
The right to compensation for medical malpractice belongs to:
- the patient who has suffered permanent or temporary physical or psychological damage
- the patient’s family members, if the patient has been severely injured or has died due to medical errors.
Foreign citizens residing in Italy also have the full right to turn to Italian courts to obtain justice and compensation, regardless of their nationality or type of residence permit.
It is important to know that there are strict deadlines for filing a compensation claim:
- an injured patient has 10 years to request compensation;
- family members of a severely injured or deceased patient have a shorter deadline of 5 years to seek compensation for injury or loss of family relationship.
Civil Lawsuit vs. Criminal Trial for Medical Errors
When a medical error causes injury or the death of a patient, two types of proceedings may arise:
- Civil lawsuit: aimed at obtaining financial compensation for the damage suffered. This is the most common action for victims of medical malpractice.
- Criminal trial: concerns the criminal liability of the doctor or healthcare facility. It is initiated when the medical error is very serious, causing permanent injuries or the patient’s death. In such cases, the doctor may be charged with crimes such as negligent bodily injury or manslaughter.
Often, both proceedings can run in parallel.
By contacting the lawyers and medical experts in our group, you will receive guidance on whether it is preferable to pursue a civil action, a criminal trial, or both.
The Importance of Medical-Legal Expertise
A medical-legal report is the fundamental tool for proving a medical error and quantifying its consequences for the patient.
The medical expert carefully analyzes the patient’s medical records, reports, and test results to reconstruct the events and determine whether there was medical negligence.
When necessary to determine the cause of death, the medical examiner may be authorized by the judiciary to perform an autopsy.
Without a clear and well-documented medical-legal report, it is very difficult to obtain justice in court.
By relying on us, you will have access to highly qualified medical experts who can prepare a medical-legal report to demonstrate the errors committed and their consequences for the patient.
How avvocaticollegati.it Lawyers and Medical Experts Work Since 2004
Since 2004, the avvocaticollegati.it network has been defending victims of medical malpractice throughout Italy, bringing together lawyers specialized in healthcare law and experienced medical experts.
Since 2024, our activity has expanded further, with a dedicated team supporting foreign citizens residing in Italy by offering:
- consultations in simple and understandable language
- legal assistance in every stage of the process
- independent medical-legal evaluations
- swift and coordinated actions across all Italian regions.
Our goal is to give a voice to those who have suffered injustice and to secure fair compensation for those who have lost their health or a loved one due to medical errors.
You can immediately request advice from our lawyers and medical experts by calling our Medical Malpractice Toll-Free Number 800 91 23 01 or by chatting with us through the WhatsApp icon available on every page of our website.
You will be able to discuss your or your family member’s medical malpractice case in your own language and immediately receive assistance to obtain justice.
Foreign citizens who have received medical treatment in Italy and suffered harm also have the right to seek justice and compensation with the support of our team of lawyers and medical experts.
PLEASE NOTE: avvocaticollegati.it invites users interested in filing claims for medical malpractice to contact us only if the case involves death or serious disability. We also inform you that, in order to avoid reckless or merely speculative actions, our lawyers will provide legal assistance only after prior assessment by our medical consultants, and only if the latter have effectively determined that medical malpractice exists.
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