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

41 Pages Posted: 28 Apr 2007 Last revised: 8 Aug 2012

Veronica Grembi

Mediterranean University of Reggio Calabria

Nuno M. Garoupa

Texas A&M University School of Law; Catholic University of Portugal (UCP) - Católica Global School of Law

Date Written: 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.

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

JEL Classification: K0, K13, K40

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: https://ssrn.com/abstract=983039 or http://dx.doi.org/10.2139/ssrn.983039

Veronica Grembi (Contact Author)

Mediterranean University of Reggio Calabria ( email )

Via dei Bianchi, 2
Reggio Calabria, Reggio Calabria 89127
Italy

Nuno M. Garoupa

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Catholic University of Portugal (UCP) - Católica Global School of Law ( email )

Lisboa
Portugal

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