A recent ruling by the Italian Supreme Court clarifies the requirements for the validity of technical expert assessments in healthcare liability cases.
In judgment No. 15594 of 11 June 2025, the Court of Cassation reaffirmed a strict interpretation of Article 15 of the “Gelli–Bianco” Law (Law No. 24/2017), emphasizing that court-appointed medical expert assessments must always be conducted by a panel, comprising both a specialist in the relevant medical field and a forensic medicine specialist.
The key takeaway?
Even if prepared before the law came into effect, an expert assessment by a single consultant is considered invalid when used in proceedings initiated after the law’s enactment.
Referring to Constitutional Court judgment No. 102/2021, the Supreme Court stressed that the panel requirement is not merely a procedural formality but a fundamental safeguard that ensures the accuracy and completeness of the assessment.
For this reason, an assessment prepared by a single expert is always void, even if the parties do not raise an objection and even if the judge considers the assessment “adequate.”
In short: panel review is mandatory, and a judge cannot base a decision on an assessment that is not prepared collegially.
At PG Legal, we continuously monitor developments in medical malpractice case law and provide our clients with strategic, up-to-date guidance designed to protect their rights.
Because the strength of the evidence is crucial, PG Legal works alongside you to ensure it is solid.