Frequently Asked Questions about Medical Compensation
How is damage compensation calculated?
Compensation is based on several "damage items". The main ones are: biological damage (injury to psycho-physical integrity), divided into permanent and temporary; moral damage (inner suffering); and pecuniary damage (medical expenses and loss of earnings). The values are calculated using tables developed by the courts (primarily those of Milan), which assign an economic value to each percentage point of disability, taking into account the age of the injured party.
What does "differential damage" mean?
If you have already received an indemnity from a public body (like INPS or INAIL) or from a private policy for the same damage, the compensation owed by the responsible party will be calculated "by difference". In practice, what you have already received is subtracted from the total calculated damage amount to avoid duplication of compensation. The calculation is complex and is performed by the judge.
How much time do I have to claim compensation?
The statute of limitations varies. If you act against the healthcare facility (hospital, clinic), you have 10 years from the date of the event or from when you discovered the damage. If you act against the individual doctor, the term is 5 years. It is crucial to act before these terms expire so as not to lose the right to compensation.