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Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation

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  • Grembi, Veronica
  • Garoupa, Nuno

Abstract

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

Suggested Citation

  • Grembi, Veronica & Garoupa, Nuno, 2013. "Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation," Health Economics, Policy and Law, Cambridge University Press, vol. 8(4), pages 423-452, October.
    • Handle: RePEc:cup:hecopl:v:8:y:2013:i:04:p:423-452_00
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    Cited by:

    1. Milena Vainieri & Elisabetta Flore & Riccardo Tartaglia & Tommaso Bellandi, 2014. "Analisi comparata dei modelli di gestione dei sinistri in sanit?. Prime evidenze empiriche sui costi dei sinistri," MECOSAN, FrancoAngeli Editore, vol. 2014(92), pages 27-53.
    2. Amaral-Garcia, Sofia & Grembi, Veronica, 2014. "Curb your premium: The impact of monitoring malpractice claims," Health Policy, Elsevier, vol. 114(2), pages 139-146.
    3. Magdalena Flatscher-Thöni & Andrea M. Leiter & Hannes Winner, 2019. "Are Pain and Suffering Awards (Un-)Predictable? Evidence from Germany," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 3, pages 199-219, September.
    4. Samantha Bielen & Peter Grajzl & Wim Marneffe, 2017. "Understanding the Time to Court Case Resolution: A Competing Risks Analysis Using Belgian Data," CESifo Working Paper Series 6450, CESifo.
    5. Sofia Amaral-Garcia, 2014. "Curb your Premium! The Impact of Monitoring Medical Malpractice Claims," ULB Institutional Repository 2013/301513, ULB -- Universite Libre de Bruxelles.
    6. Sofia Amaral-Garcia, 2015. "Non-economic Damages in Medical Malpractice Appeals: Does the Jurisdiction Make a Difference?," Discussion Papers of DIW Berlin 1506, DIW Berlin, German Institute for Economic Research.
    7. Paola Bertoli & Veronica Grembi, 2018. "Courts, scheduled damages, and medical malpractice insurance," Empirical Economics, Springer, vol. 55(2), pages 831-854, September.
    8. Lara Wemans & Manuel Coutinho Pereira, 2018. "How long does it take to enforce a debt in the Portuguese judicial system?," Economic Bulletin and Financial Stability Report Articles and Banco de Portugal Economic Studies, Banco de Portugal, Economics and Research Department.

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