Medical malpractice, damages and recourse in Bolzano
A loss often gives rise to legal questions that must be addressed promptly and carefully. We represent both injured parties and those who may be held liable, in out-of-court proceedings, mediation and court proceedings. Our work begins with a clear assessment of the legal position and extends through to the enforcement or defence of claims, including any necessary recourse. As claims for damages are subject to limitation periods, we identify the applicable deadlines at an early stage.
Medical liability and medical malpractice
Medical liability is a particular focus of our practice. Few areas of liability require such close interaction between medicine and law as medical malpractice. Determining whether treatment met the required professional standard requires both medical and legal expertise. The decisive question is often not whether harm occurred, but whether it resulted from a medical error and whether that error caused the damage. From the patient's perspective, cases typically concern harm caused by negligent treatment or insufficient information affecting the validity of consent. We review medical records, secure relevant documentation and assess whether, and to what extent, a claim for damages can be substantiated. For doctors, hospitals and other healthcare providers, the focus is on defending against unfounded allegations, presenting the course of treatment clearly and protecting their interests vis-à-vis patients and insurers. In both situations, we involve medical experts at an early stage, as expert evidence is central to the assessment of medical liability cases. We also take into account the relevant procedural requirements: before proceedings can generally be brought before a court, a mandatory conciliation or mediation procedure must first be completed. With careful preparation, this process can go beyond a mere formality and provide a genuine opportunity for an out-of-court resolution. Compensation does not always bring a matter to an end. A further question may arise between the healthcare provider and the treating doctor as to who must ultimately bear the financial consequences internally. We also assist clients in these subsequent recourse proceedings.
Professional liability of self-employed professionals
Anyone practising a liberal profession, for example in a technical or advisory field, may be liable for damage resulting from professional negligence. Three questions are decisive: was a duty breached, was there professional fault, and is there a causal link to the damage? We represent both injured clients and professionals facing claims.
Liability of Directors and Supervisory Board Members
Directors, managing directors and statutory auditors bear particular responsibilities towards the company, its shareholders and its creditors. Breaches of duties of care or loyalty may give rise to personal liability. We advise and represent both claimants and defendants in such proceedings, combining legal representation with the tax and business expertise of our interdisciplinary firm.
Recourse and contribution claims
A party that has compensated a loss does not necessarily have to bear it permanently. It may seek recourse against those ultimately responsible, including joint and several debtors, insurers, or, in the relationship between a company and its governing bodies, those responsible for the loss. We assess the prospects of such claims, pursue valid recourse claims and defend clients against unfounded claims.
Your contact
RA Avv. Vanessa Gasteiger
RA Avv. Vanessa Gasteiger
Email: gasteiger@pdc-alliance.com
Phone: +39 0471 288 333
View profile →
Newsletter
Our newsletters – Useful Updates on Tax and Legal Matters
13.08.2026, Newsletter No. 35/2026
Corrective decree to the tax reform of 7 August 2026 – other changes
Legislative Decree No. 148 of 7 August 2026 introduces numerous further corrections to the tax reform – from income from employment to business and financial income, from VAT to tax assessment and the two-year advance agreement.
12.08.2026, Newsletter No. 34/2026
Corrective decree of 7 August 2026 and its effects on the mixed use of company cars
The corrective decree of 7 August 2026 (Legislative Decree No. 148/2026) standardises the calculation of the benefit in kind for the mixed use of company cars with retroactive effect from 1 January 2026 and at the same time introduces two new surcharges on the benefit-in-kind value.