Medical malpractice legal claim

Question: I am not Italian and do not live in Italy. I am a victim of a medical error. Can you assist me with a malpractice claim? How much would it cost?

Answer: We have a large nationwide litigation practice assisting individuals from all countries in Medical Malpractice claims.

The activities related to Medical Malpractice claims can be typically grouped in three main categories, as follows:

A) Pre-Assessment Case – No Charge:

Until our Legal Service are confirmed, SLM is not engaged and the claimant is not committed to legal fee payment. Please find below the activities related to this stage.

1) We have communications with the patient or his/her relatives to collect relevant correspondence, documents and case information (informal description of the case history, possible documents supporting the claim, including emails, letters, photos, medical reports, payment receipts, doctors’ opinions, etc.);
2) We review case circumstances and carry out an initial case assessment;
3) We provide the claimant with a preliminary informal opinion regarding case assessment, estimate of possible compensation, claim strategy.

We typically carry out activities from 1) to 3) above at no fee charge. Depending on the circumstances, the case (i) might require payment of a flat legal fee to perform the next activities or (ii) might be eligible for no-win-no-fee structure.

B) Agreement on Legal Fee Structure – Initial Activities:

Please find below the activities SLM would typically carry out after Agreement on Applicable Legal Fee Structure and Confirmation of Legal Services:

4)   We collect possible additional documents and/or information to better ground the claim;
5)  We complete and send a pre-action letter to the subject liable for the medical error (e.g., hospital, doctor, insurance company) in order to settle the matter with no need of Court proceedings.

C) Court Proceedings

If the activities under letter B) do not bring to a satisfactory development of the case (e.g., concrete negotiation for a settlement) within a reasonable time, we would typically advise filing proceedings in court.
Court cases are typically subject to Court Stamp and 3% registration tax upon the verdict. Court Stamp amount changes depending on nature and value of case.
Legal Fees regarding activities under letter C) would be typically quoted and agreed prior to start activities under letter B) above, depending on the case circumstances.

Related information

• Medical Malpractice Area