2017

Post-Gelli reform medical malpractice insurance and critical market failures: a failure to respond to real needs

The recent reform of medical liability (Gelli Reform) has introduced new rules for medical malpractice insurance including mandatory liability coverage and direct action against the company. As a matter of fact these rules seem to be contradictory as Hospitals are at the same time allowed to handle the risk on their own using a self retention model (The Law calls them “similar measures” and – at the same time – hospitals are obliged to find a coverage but insurers are not obliged to underwrite their risks. This paper analyses said contradiction and the conflict of interests in handling large claims between underwriters and insured arising from the presence in the coverage of a SIR (Self Insured Retention), that is an example of “similar measure”.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.