Italian courts clarify medical liability and compensation under Gelli‑Bianco reforms

The Italian Supreme Court (Cassazione) issued decision No. 18559 on 8 June 2026, ruling that an insurer that pays a malpractice claim cannot seek reimbursement from the insurer of a co‑responsible physician; it must pursue the individual doctor directly. The judgment interprets the 2017 Gelli‑Bianco reform, which separates contractual liability of hospitals from extra‑contractual liability of doctors, and impacts how hospitals and physicians manage insurance and risk.

Separately, the Court of Appeal in Florence overturned a lower ruling and held the regional health authority (ASL) liable for the death of 71‑year‑old Mario Amelio Coli, who escaped the San Luca emergency department after a prolonged delay. The court ordered the ASL to pay more than €1.2 million to his heirs, criticizing the hospital’s failure to monitor a confused patient and the delayed search. Both decisions underscore the responsibilities of health structures and the legal framework governing compensation and insurance in Italy.