Valeria Zeppilli - law Gelli reform of medical liability has reduced all the assumptions of responsibility of the health care structure in the context of contractual responsibility, with the consequent application of the rules referred to in articles of the civil code
Those who intend to take legal action against a healthcare facility, then, will have to have in mind the rules pertaining to this type of responsibility, especially from the point of view of the burden of proof. Is that you talk to, whether you talk to another type of structure, the patient, in the use of health-care provision, is considered to be a user, assuming in this way, a qualification which in the abstract may be treated as that of the consumer.
However, in respect of public healthcare facilities or at partner it is not possible to derogate from the criteria set out in articles, nineteen and twenty of the code of civil procedure, opting for the hole of the consumer. As clarified by the Court of cassation in its judgment number, in fact, the law governing the court of the place of residence of the consumer may not be applied against these entities for two reasons, namely: - 'and because, while being the only health care organization based on the principle of territoriality, the patient may contact any healthcare company present on the national territory, so that if intercourse is done outside of the place of residence of the patient such circumstance is the result of his free choice, which removes the 'ratio' of the art.
of the consumer code - is because the medical facility does not operate for purposes of profit, and therefore can not be qualified as 'entrepreneur' or 'professional.
If you intend to act in respect of public health facilities or contracted, therefore, the action may be brought in the courts of the place where they have their headquarters. However, if you intend to refer the matter to a judgment, a private, non-subsidised, is well can not claim the application of the forum of the consumer. The benefits provided for by such subjects, in fact, make them professionals, in respect of which it is accordingly applied as granted by article thirty-three of the code of consumption (see Cass. no.). The patient will then be able to apply to the court of his place of residence to enforce their own reasons, claim for damages.
