I have a question that a Pakistani man who lived in Naples, Italy has died.
He had a heart problem, he got treatment from the hospital and he was given an injection, then he was given a small one and he died after 2 days.
Now the problem of bringing the deceased to Pakistan is coming, it is taking at least 15 days. The police are saying that a case should be filed against the hospital because of the death.
Can you help us in this regard? Please guide us kindly.
thank you
Lawyer Answers
Rao & Virk
In a situation where a Pakistani citizen has died in Naples, Italy after receiving medical treatment, two main issues normally arise: the repatriation of the body to Pakistan and the question of possible medical negligence by the hospital. Under Italian law, when a person dies in a hospital, the doctor issues a medical death certificate and the death is reported to the local authorities. If the death occurs shortly after medical treatment or under unusual circumstances, the police or the public prosecutor may review the case and sometimes order a post-mortem examination to determine the exact cause of death. This legal and administrative process often causes delays in sending the body back to the home country, and it is quite common for repatriation to take around ten to fifteen days because several documents must be prepared, including the death certificate, authorization for transportation of the body abroad, and clearance from the municipality and health authorities. The Pakistani diplomatic mission, such as the Embassy of Pakistan in Italy, usually assists the family with documentation required for transporting the deceased to Pakistan.
Regarding the suggestion by police to file a case against the hospital, this generally relates to the possibility of medical negligence if the death occurred soon after an injection or other treatment. In Italy, such matters can be investigated under criminal provisions related to negligent homicide in the medical context, but proving negligence requires strong evidence such as hospital medical records, the details of the medicines or injections administered, the opinion of medical experts, and usually an autopsy report establishing the cause of death. Without these documents it is difficult to establish legal liability against the hospital. It is also important to understand that if a criminal complaint is filed, the authorities may keep the body for further forensic examination and the legal process could delay the repatriation significantly, sometimes for several weeks or even months. For this reason, families normally first obtain the full medical record from the hospital and, if necessary, consult a lawyer in Italy who is licensed to practice there before deciding whether to pursue legal action or focus on bringing the deceased back to Pakistan as soon as possible.
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