The Italian Legal System has always recognised a peculiar status for all intellectual professions. These are fundamental for different reasons. These professionals have a paramount role in helping the community to exercise fundamental rights such as the right to judicial defence, the right to health and so on. The importance of such professions is demonstrated by the mandatory registration with a professional register or bar. This is also connected with a whole set of rules and provisions that seek to balance the power of a professional and his/her specific responsibilities and ethical duties.
Generally speaking, the source of professional liability arises from both the infringement of contractual terms and conditions as well and the breach of the relevant Code of Conduct. The Code of Conduct for professionals establishes the professional duty of diligence. This same duty has been included within the standard private relationship between two private parties. However, in the context of intellectual professions, the diligence requirement tends to be different.
In fact, the standard duty entails to exercise an ordinary care and due diligence (art. 1176 Civil Code). In this sense, diligence means a remarkable and great care taken during the execution of any obligation. On the contrary, when It comes to professionals, the Law requires an even higher standard for diligence: the professional diligence. In this case, the diligence turns into a professional care and skill. Such expression entails the set of technical and professional knowledges accrued from both the academic and professional backgrounds of the professional.
Under these circumstances, this last version of diligence will lead the assessment about a potential professional negligence. In fact, the professional negligence might be caused by average misconduct or serious misconduct. Additionally, according to art. 2236 of Civil Code, in the event the professional performance is characterised by special difficulties, the professional will be liable only in case of serious misconduct.
The importance of professional diligence and responsibility is clear since the Gelli Law entered into force. Specifically, this Law was tackling the specific case of medical negligence and all related issues.
Professional negligence might be hard to prove, so it is necessary to rely on professional expert to analyse the case thoroughly. VGS layers have achieved brilliant results and expertise in professional negligence matters. Should you need assistance, VGS professionals will guide you through the process with the purpose of obtaining a fair compensation of damages you may have suffered.