Health, from Consulcesi advice to defend against actions for tax damage

“A surgeon who works in a public facility in the north of Italy, together with two of his colleagues and a manager of the health care company, had received a request for reimbursement of around 250,000 euros for an alleged episode of malpractice. The doctor turned to Consulcesi & Partners consultants who immediately understood that the company’s request for compensation was erroneous because it lacked a prior preliminary investigation, without a request for an explanation from the directly concerned and without waiting for the outcome of the Official technical advice arranged by the magistrate. From this, our lawyers, led by the lawyer Andrea Gangemi, have developed and implemented a strategy that accompanied the surgeon throughout the trial process, which ended with a clear victory and with a sound condemnation of the counterpart to legal costs “. Thus introduces the third webinar entitled “Practical issues in the field of health care responsibility” the CEO of C&P, Simona Gori. This is a case that shows how very often – explains Consulcesi in a note – actions for tax damage are completely unfounded, yet it is not always possible to defend them adequately. This is why it is important to turn to professionals for legal assistance from the first notice because – as the lawyer Andrea Gangemi explains – “these cases are quite frequent and it is good to deal with them with professionalism and rigor”. Gelli Law, explains how the company’s right to settle the dispute with the patient cannot ignore the involvement of the doctor concerned in the transaction. However, the Consulcesi lawyer emphasizes that despite the regulatory clarity, the procedural path is often complex. ” , when you receive a notice of compensation, immediately take action with your insurance company for precautionary purposes and immediately take legal countermeasures with the help of a professional. Very often, in fact, the company proceeds with few investigations and few evaluations, without knowing in detail the reality of the facts – explains Gangemi – while it is good that the health professional is put in the best conditions to illustrate his position from the beginning “. Asserting one’s defensive rights – continues the note – is also fundamental in the accounting judgment, expecting to be heard also by the Public Prosecutor before the opening of the trial before the Court of Auditors. In fact, as the lawyer Gangemi points out, “often the memoirs, the writing and the attached documents are not sufficient to explain the facts in detail and correctly. version which, of course, must be in line with the defensive strategy agreed and implemented with your lawyer. “As emerged from the webinar, immediately relying on a lawyer specialized on these issues is extremely important to assert your reasons and avoid being convicted to reimburse spurious economic requests sent by the health agencies. and at the toll-free number 800.122.777