In March 2023, the Committee for the study and analysis of issues related to medical malpractice has been established at the Ministry of Justice. Its objective is to examine the current legislation and jurisprudence on the matter of medical malpractice, discussing limitations and critical aspects, and potentially proposing regulatory interventions.
The National Association of Insurance Companies (ANIA), had been invited to provide its opinion on the issues and has acknowledged the potential for coordination between the realm of responsibility and insurance. In the healthcare sector, the professional liability insurance is mandatory for all parties involved in healthcare activities.
ANIA underlined that in its opinion the current legal framework regarding medical civil liability is still incomplete.
ANIA declared that in order to restore the balance between the obligation to take out insurance and the incomplete legal framework, certain critical provisions introduced by the Gelli-Bianco Law and the Implementing Decree on minimum policy requirements should be reviewed.