Abstract

http://ssrn.com/abstract=983039
 
 

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Delays in Medical Malpractice Litigation in Civil Law Jurisdictions: Some Evidence from the Italian Court of Cassation


Veronica Grembi


Copenhagen Business School

Nuno M. Garoupa


University of Illinois College of Law

April 27, 2007


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.

Number of Pages in PDF File: 41

Keywords: Medical Malpractice, Italian Court of Cassation, Duration Analysis

JEL Classification: K0, K13, K40

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Date posted: April 28, 2007 ; Last revised: August 8, 2012

Suggested Citation

Grembi, Veronica and Garoupa, Nuno M., Delays in Medical Malpractice Litigation in Civil Law Jurisdictions: Some Evidence from the Italian Court of Cassation (April 27, 2007). Available at SSRN: http://ssrn.com/abstract=983039 or http://dx.doi.org/10.2139/ssrn.983039

Contact Information

Veronica Grembi (Contact Author)
Copenhagen Business School ( email )
Solbjerg Plads 3
Frederiksberg C, DK - 2000
Denmark
Nuno M. Garoupa
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
HOME PAGE: http://works.bepress.com/nunogaroupa/
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