Understanding Cerebral Palsy from Medical Malpractice

Facing the diagnosis of infantile cerebral palsy is an extremely difficult journey for any family. The suffering intensifies when the suspicion arises that this condition is not a tragic fatality, but the consequence of a medical error that occurred during pregnancy, labor, or delivery. Understanding whether there was negligence or recklessness on the part of the healthcare personnel is the first, fundamental step to protect the minor's rights and ensure the best possible future for them. In these circumstances, the support of a lawyer specializing in compensation for damages in Milan, such as lawyer Marco Bianucci, becomes crucial to clarify medical responsibility and initiate the process to obtain fair compensation.

The Right to Compensation for Birth Injury

In Italy, the law protects victims of medical malpractice, including newborns who suffer permanent damage due to medical errors. Liability can fall on both the healthcare facility (hospital or private clinic) and the individual professionals involved (gynecologist, midwife, neonatologist). To obtain compensation, it is necessary to prove the so-called causal link: it must be proven that the error committed by the healthcare professional directly caused or contributed to causing cerebral palsy. This damage manifests in various forms, all compensable: biological damage, understood as permanent injury to the child's psychophysical integrity; moral damage, relating to the suffering experienced by the minor and their family; and pecuniary damage, which includes all present and future expenses for care, therapies, specialized assistance, and necessary adaptations for daily life.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in compensation for damages in Milan, is based on a strategy that combines technical rigor and empathy. Every case of suspected neonatal medical malpractice is managed through a structured process. The first step involves a thorough analysis of all medical documentation, particularly the medical records, to identify any anomalies or critical issues. Subsequently, the firm collaborates with a team of trusted legal doctors and specialist gynecologists and neonatologists, whose task is to prepare a technical expert report to ascertain the error and quantify the damage. Only with a solid evidentiary basis does lawyer Bianucci initiate negotiations with the healthcare facility and its insurance company, with the aim of reaching an out-of-court settlement that guarantees fair compensation within a reasonable timeframe. If this is not possible, legal action is taken in court to fully protect the minor's rights.

Frequently Asked Questions

What are the most common causes of cerebral palsy from medical malpractice?

The causes can be diverse and include, among others, an unjustified delay in performing a cesarean section, an incorrect interpretation of the cardiotocographic tracing indicating fetal distress, inadequate management of a maternal infection, or neonatal asphyxia caused by complications during childbirth. A detailed medical analysis is essential to identify the specific negligent conduct.

How long do I have to claim compensation for medical malpractice?

The statute of limitations is a complex technical aspect. Generally, the liability of the healthcare facility is contractual in nature and is subject to a 10-year statute of limitations. Since the damage concerns a minor, the statute of limitations begins to run from the minor's eighteenth birthday. However, it is crucial to act as soon as possible to avoid compromising the collection of evidence.

How is compensation for birth injury calculated?

The calculation of compensation is a complex operation that does not follow fixed formulas but is based on criteria established by case law, such as the Milan Court's Tables. The percentage of permanent disability recognized for the child, their life expectancy, subjective moral damage, medical expenses already incurred, and, above all, an estimate of all future expenses for assistance, rehabilitation therapies, and support necessary for the minor's entire life are considered.

What should I do if I suspect a case of medical malpractice?

The first action to take is to request a complete copy of all medical documentation, particularly the mother's and newborn's medical records. This is your right. Immediately after, it is essential to contact a lawyer with proven experience in medical liability for a preliminary assessment of the case, before taking any action.

Request an Assessment of Your Case in Milan

If you believe that your child's cerebral palsy may be the consequence of a medical error, it is your right to seek justice and obtain the financial support necessary to guarantee them the best care. Lawyer Marco Bianucci and the Bianucci Law Firm in Milan offer the expertise and support needed to navigate this difficult path. Contact the firm for a thorough and confidential assessment of your case, to understand the real possibilities of obtaining fair compensation.