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Medical malpractice law

Infected blood and MTB

Compensation for damage in the health sector

The law firm Lana – Lagostena Bassi has a long and consistent experience in the field of health law. Indeed, in addition to dealing with damages resulting from medical and hospital activities, the firm is known in the field for having undertaken several initiatives aimed at protecting the rights of those infected by the dysfunctionalities in the public health sector at both the legal and institutional level.

In particular, the firm has conducted several awareness campaigns that resulted in the adoption, by the Parliament, of law no. 210 of February 25th 1992 and subsequent law no. 238 of July 25th 1997.

In 1993, the law firm defended the first case in Italy in the interest of more than three hundred and fifty haemophiliacs who claimed to have contracted HIV, HCV and HBV, following the administration of infected blood and blood derivatives. The Tribunal of Rome, delivering the first and most important judgment on the matter, not only recognised the liability of the Ministry of Health for failing to comply with its obligation of pharmacovigilance, but also condemned said public administration to pay compensation for biological, moral, psychological existential and property damages and to refund the legal expenses sustained by the claimants.

In the following years, the firm has defended many other cases throughout Italy, both collective and individual, and obtained important decision that helped to determine, for the first time ever, the case law of reference in this matter.

In 2004 and 2005, the law Firm was the main counterpart of the Ministry of Health in the negotiations initiated to settle disputes pending before various Italian courts (Tribunals, Courts of Appeal and Supreme Court of Cassation) for damages suffered as a result of the administration of infected blood and / or blood derivatives.

Currently, Mr Mario Lana is the president of the “Coordination for the transaction of the cases relating to infected blood”, formed in the spring of 2007 in order to facilitate and expedite the formal procedures for the second transaction with the Ministry of Health set forth in the statutory financial n. 244 of December 24th 2007.

To get updates on the status of the negotiations with the Ministry of Health check the following websites:

Internal organisation

The activities concerning the protection of citizens against the Public Administration, especially in the field of health law, are carried out directly by lawyers Mr Mario Lana, Mr Anton Giulio Lana and Mr Mario Melillo, in collaboration with lawyer Mrs Valentina Rao.

Infected blood

The firm can boast the distinction of having promoted the first lawsuit against the Ministry of Health

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The Firm has played a primary role in judicial and extrajudicial assistance to MTB victims

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Tel: +39 06 85300769 Mon – Fri 09:00-17:00