When a Dentist's Error Entitles You to Compensation

Suffering harm as a result of dental treatment can be a deeply frustrating and painful experience, impacting not only physical health but also confidence and psychological well-being. When a procedure does not produce the desired results or, worse, causes a pre-existing condition to worsen, it is natural to wonder if it is an unfortunate fatality or a genuine professional error. Italian law provides that a damaged patient is entitled to compensation if it can be demonstrated that the damage is a direct consequence of negligent, imprudent, or inexperienced conduct by the professional. In this context, the assistance of a lawyer experienced in damages compensation in Milan becomes fundamental to analyze the situation, establish responsibility, and initiate the correct path to obtain justice.

The concept of dental error, or professional malpractice, materializes when the dentist's service does not comply with the guidelines and best practices accredited by the scientific community. This can manifest in various forms: from an incorrect diagnosis to an inadequate treatment plan, from incorrect technical execution of an implant to negligent management of post-operative complications. It is important to understand that not every therapeutic failure automatically constitutes compensable error. Liability arises when the professional has not acted with the required diligence, causing damage that could have been avoided. The legislation, particularly Law Gelli-Bianco, has precisely defined the boundaries of healthcare liability, establishing the criteria for evaluating the doctor's conduct and the burden of proof on the parties.

The Strategic Approach of Studio Legale Bianucci in Milan

Addressing a claim for compensation due to dental negligence requires an approach that combines legal expertise with a deep understanding of medical-scientific aspects. The approach of lawyer Marco Bianucci, an attorney with consolidated experience in damages compensation in Milan, is based on a rigorous and personalized methodology, aimed at maximizing the client's chances of success. The first step involves an in-depth preliminary analysis of all clinical documentation, such as medical records, X-rays, and informed consents, to identify any aspects of responsibility. This phase is crucial for providing the client with an honest and transparent assessment of the case's feasibility.

Once the existence of valid elements is ascertained, the strategy involves engaging a trusted medical-legal consultant, specialized in dentistry, whose task is to prepare a detailed technical expert report. This document is essential to demonstrate the causal link between the dentist's conduct and the damage suffered by the patient, as well as to quantify the biological damage (permanent and temporary) and any future expenses. Armed with this expert report, the process proceeds with an attempt at out-of-court resolution, liaising with the professional's insurance to negotiate fair compensation. If this route does not lead to a satisfactory outcome, the firm is prepared to undertake the necessary legal action to fully protect the client's rights in court.

Frequently Asked Questions

What is considered a compensable dental error?

A dental error is considered compensable when a healthcare professional, due to negligence, imprudence, or lack of skill, causes physical or financial damage to the patient. It is not a simple unsatisfactory result, but a service that deviates from the standards of diligence and practices recognized by medical science. Common examples include incorrect root canal treatment, nerve damage during an extraction, incorrect implant placement, or failure to diagnose a serious condition such as oral cancer.

What evidence is needed to claim compensation from a dentist?

To initiate a compensation claim, complete clinical documentation (dental records, X-rays, invoices), the signed informed consent, and, above all, a medical-legal expert report prepared by a specialist are essential. The latter is the key evidence, as it technically attests to the dentist's error, the causal link with the damage suffered, and the quantification of the biological damage. Testimonies and photographic documentation showing the situation before and after the procedure can also be useful.

How long do I have to take action for dental malpractice?

The right to compensation for healthcare liability damage is generally statute-barred after ten years if legal action is taken against the healthcare facility (contractual liability) and after five years if legal action is taken directly against the individual dentist (non-contractual liability). The statute of limitations does not necessarily begin to run from the day of the procedure, but from the moment the patient acquired, or could have acquired with ordinary diligence, awareness of the damage suffered and its connection to the doctor's conduct.

Contact Lawyer Marco Bianucci for an Assessment of Your Case

If you believe you have been a victim of dental error and wish to understand your rights, the first step is to seek the help of a competent professional. Studio Legale Bianucci in Milan offers a preliminary case assessment to evaluate the existence of grounds for a compensation action. Contacting the firm means receiving a clear and professional opinion on your situation and the actions to take. Lawyer Marco Bianucci and his team are available to provide the necessary assistance to protect your health and your rights.