Medical negligence claim for ATP (art. 696/696 bis)

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Medical Liability

During the proceedings arising from the damages suffered by the patient of a well-known dental practice, the office of the injured party requested a preventive technical investigation to ascertain liability and the extent of alleged damages as well as, if possible, for the purpose of settling the dispute (art. 696 bis of the Italian Civil Procedure Code) with a reconciliation between the parties.
The medical institution, in turn, involved each surgeon who had performed the patient’s operation.
As the patient claimed that he had never received proper and adequate information about the therapy, about its possible complications and treatment options nor about the costs and risks arising from the surgeries he had undergone, the appeal sought to ascertain permanent and temporary biological damage and consequential damage, including violation of informed consent duty, through an investigation performed by an expert consultant appointed by the Court.
Despite parties’ opposition, the Florence Court upheld the appeal, recognizing its likely merits (so-called: prima facie case) and allowing also informed consent assessment.