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★ Italy · medical negligence

Medical negligence claim values
in Italy.

By Reviewed by Abd Shanti, Founder9 min read

Misdiagnosis, surgical error, delayed treatment. Bands on this page show typical settlement values for medical negligence cases across the relevant severity tiers; each names its source or is marked as a MyClaimWorth estimate. The position within a band depends on facts the page can't see: severity, prognosis, recovery time, the strength of medical evidence, and any percentage of fault attributed to the claimant under Italy's comparative-fault rule.

★ typical band · Italy
€100,000 to €500,000
Medical negligence (non-fatal)
★ statute of limitations
2 years (extracontractual) / 5 to 10 years (contractual)

Civil Code arts. 2947, 2946

Personal-injury claims arising from criminal conduct can run for the longer of the criminal limitation or the civil limitation under Article 2947(3).

★ fault allocation
Comparative, proportional reduction

Civil Code Article 1227. Strict liability for motor vehicles unless the keeper proves they did everything possible to avoid the harm.

★ caps that bear on this injury

What caps recovery.

Statutory caps and ceilings that apply to medical negligence damages in Italy.

★ Italy · procedural pathway

From injury to settlement.

The steps a medical negligence claim moves through under Italy law, from medical stability to settlement.

  1. 1
    Richiesta di risarcimento

    Formal demand on the at-fault insurer or party.

  2. 2
    Consulenza medico-legale

    Medical-legal expert quantifies danno biologico in percentage terms.

  3. 3
    Negoziazione

    Negotiation against Tabelle Milanesi with applicable danno morale and moral-damage uplifts.

  4. 4
    Mediation

    Compulsory mediation under Decreto Legislativo 28/2010 for many civil categories.

  5. 5
    Trial

    Filed in Tribunale di primo grado; appellate review through Corte di Appello and Cassazione.

★ medical negligence bands · all 15 jurisdictions

Compare to other countries.

How this injury values across the other jurisdictions on the site. Click any country to read the deeper context.

JurisdictionBand
United States$30,000 to statutory capMyClaimWorth estimate
United KingdomValued on the JC Guidelines bracket for the resulting injuryClinical-negligence claims are valued on outcome; NHS Resolution handles most claims in England.
Ireland€30,000 to €400,000+MyClaimWorth estimate
CanadaInjury-dependent; non-pecuniary loss is cappedThe Andrews trilogy cap on non-pecuniary damages applies, indexed for inflation.
AustraliaInjury-dependent; state civil-liability caps applyCivil Liability Act caps on general damages vary by state.
Spain€50,000 to €300,000MyClaimWorth estimate
Italy· you are here€100,000 to €500,000MyClaimWorth estimate
Germany€50,000 to €400,000MyClaimWorth estimate
France€100,000 to €500,000MyClaimWorth estimate
New ZealandACC treatment-injury cover, no negligence claimTreatment injury is covered by ACC without proving fault; the statutory bar on suing applies here too.
SingaporeS$50,000 to S$500,000MyClaimWorth estimate
Hong KongHK$500,000 to HK$3,000,000MyClaimWorth estimate
Japan¥5,000,000 to ¥30,000,000MyClaimWorth estimate
South Korea₩50,000,000 to ₩500,000,000MyClaimWorth estimate
TaiwanNT$500,000 to NT$5,000,000MyClaimWorth estimate
★ Italy · medical negligence · frequently asked

Common questions.

Each answer stands on its own and draws on the documents named on this page.

★ editorial note

Numbers on this page are starting points, not quotes for any specific case. For representation, consult a solicitor or attorney qualified in Italy. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.