When Trust is Betrayed: Recognizing Signs of Neglect

Entrusting a loved one to the care of a nursing home or a Residential Care Facility (RSA) is a complex decision, based on the trust that the facility will ensure well-being, safety, and dignity. Unfortunately, these expectations are not always met. Understanding that you are facing a case of mistreatment or gross omission of care can be devastating. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the delicacy of these situations and the urgency of protecting the most vulnerable.

The warning signs are not limited to obvious physical abuse. Often, the damage stems from a series of systematic omissions and negligence. It is crucial to pay attention to indicators such as the appearance of pressure sores, poor personal hygiene, malnutrition or dehydration, frequent and unexplained falls, a sudden worsening of health conditions not justified by pre-existing pathology, or an attitude of fear and withdrawal from the relative. These elements can constitute a serious breach of duty by the facility and form the basis for a claim for compensation.

The Facility's Responsibility: The Regulatory Framework

From a legal perspective, when a resident is admitted to a nursing home or RSA, a true assistance contract is established. This agreement imposes on the facility not only the obligation to provide board and lodging but, above all, a duty of care and protection for the health and physical and psychological integrity of the person. Italian jurisprudence is consolidated in recognizing that the healthcare facility's liability for damages suffered by the patient is contractual in nature.

This means that, in case of damage, it is not up to the family to prove the facility's fault, but rather it is up to the facility to prove that it has correctly fulfilled all its duties of care and supervision. If the nursing home cannot provide such proof, it is obliged to compensate for all damages, both material and non-material (such as biological and moral damages), that are a direct consequence of its negligent conduct. The law protects the right to health and dignity, even and especially in old age.

The Bianucci Law Firm's Approach to Protecting Your Loved Ones

The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on rigorous analysis and strategic action aimed at protecting the dignity and rights of your relative. Each case is handled with the utmost empathy and determination, following a clear and structured path. The first step consists of a meticulous collection of all necessary evidence, including the acquisition of the complete medical record and all relevant health documentation.

Subsequently, the firm collaborates with trusted medical examiners and specialists to objectively assess the damage suffered by the patient and ascertain the causal link between the facility's omission and the worsening of the health conditions. This phase is crucial for correctly quantifying the compensation due. The goal is always to reach a fair solution, preferably through an out-of-court settlement with the facility's insurance company, but we are ready to initiate legal action if necessary to obtain justice.

Frequently Asked Questions

What are the most important pieces of evidence to claim compensation from an RSA?

Key evidence includes complete medical documentation (medical record, nursing diary), photographs attesting to the presence of injuries such as pressure sores, testimonies from other relatives or visitors, and, above all, an expert medical-legal opinion that analyzes the case and identifies the specific responsibilities of the healthcare facility.

Are pressure sores always grounds for compensation?

In the vast majority of cases, yes. Pressure sores are considered a sentinel event, meaning an indicator of potentially inadequate care. Their onset, especially in bedridden patients, is almost always preventable with proper and constant repositioning. Therefore, their presence constitutes a strong element supporting a claim for compensation for omission of care.

How much time do I have to initiate a compensation lawsuit against a nursing home?

The healthcare facility's liability is contractual in nature. Consequently, the right to compensation for damages is subject to a statute of limitations of ten years from the date the damage occurred or from when the patient (or their family) became aware of it. However, it is advisable to act promptly to avoid losing important evidence.

Contact Avv. Marco Bianucci for an Assessment of Your Case in Milan

If you suspect that a relative has been a victim of negligence, mistreatment, or omission of care within a nursing home or RSA, you have the right to seek justice. Dealing with these situations requires legal expertise and sensitivity. For a thorough and confidential assessment of your case, you can contact the Bianucci Law Firm at Via Alberto da Giussano, 26 in Milan. Contacting a lawyer with consolidated experience in damages compensation is the first step to protecting the health and dignity of your loved ones.