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ARTICLE · 06 JUNE 2024

Supreme Court, Patients Are Not Required To Prove Medical Errors

Patients seeking compensation for medical errors are not required to prove the occurrence of the error.

ItalyLitigation, Mediation & Arbitration

Patients seeking compensation for medical errors are not required to prove the occurrence of the error.

This was established by the Supreme Court in ruling no. 5922/2024, which reiterates the rules on the burden of proof, in response to the appellate court's decision, where this criterion was overturned.

Prior Rulings Before the Supreme Court

The issue began with a lawsuit against a local health authority by a patient seeking compensation for both economic and non-economic damages following a mistake by an anesthetist during a surgical procedure at a hospital under the said health authority.

During the surgery, spinal anesthesia was administered, but the needle deviated, causing pain to the patient and failing to produce the intended effects.

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