2019

The Milan Tribunal confirms its stance on the retroactive application of the Gelli Law beyond the “tempus regit actum”

The judgement examines the reasons for a retroactive application of law no. 24/2017 in case of medical liability of a freelancer who caused permanent damages to a patient within 10% of sequelae. The tables provided by articles 138 and 139 cod. ass. apply to the case despite the loss occurred before the law came into force.
The article examines the case law concerning the retroactive application of l. no. 24/2017, highlighting its reasons and critical points.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.