The path to obtaining justice

Facing the consequences of a cosmetic surgery procedure that did not produce the desired results is a complex experience, combining the disappointment with the aesthetic outcome with deep psychological distress and, sometimes, a worsening of one's health. In these circumstances, it is essential to know that the Italian legal system provides specific protections for patients who have suffered harm. Understanding your rights and the legal path to take is the first step towards obtaining fair compensation. As an lawyer specializing in damages claims in Milan, Lawyer Marco Bianucci assists patients in this difficult situation, providing targeted legal support to assert their rights.

The regulatory framework on medical liability

The liability of the cosmetic surgeon has specific characteristics compared to other branches of medicine. Although jurisprudence is not unanimous, the cosmetic surgeon's obligation is often considered an obligation of result, and not merely an obligation of means. This means that the doctor is not only committed to operating with diligence and skill but also to guaranteeing the achievement of a specific aesthetic result agreed upon with the patient. The failure to achieve such a result, or a worsening of aesthetic conditions, can constitute a contractual breach and give rise to a right to compensation.

Another crucial element is informed consent. The patient must have been clearly and exhaustively informed not only of the modalities of the procedure but also of all possible risks and probabilities of success. Incomplete or superficial consent can constitute an independent ground for the doctor's liability. Compensable damages are mainly distinguished into patrimonial damage, which includes expenses incurred and lost earnings, and non-patrimonial damage, which includes biological damage (the injury to psycho-physical integrity), moral damage (inner suffering), and existential damage (the worsening of quality of life and social relationships).

The approach of Bianucci Law Firm in Milan

The approach of Lawyer Marco Bianucci, a lawyer with consolidated experience in damages claims in Milan, is based on a clear and personalized strategy. The first step consists of an in-depth analysis of clinical documentation, photographs, and the patient's history for an initial assessment of the merits of the case. Subsequently, the firm avails itself of the collaboration of trusted medico-legal consultants, experts in plastic and reconstructive surgery, to draw up an expert report. This technical document is fundamental for ascertaining the surgeon's error, quantifying the damage suffered, and supporting the compensation claim.

The strategy is primarily aimed at reaching an out-of-court settlement, negotiating directly with the healthcare facility or its insurance company to obtain fair compensation within a reasonable timeframe. Should it not be possible to reach a satisfactory agreement, the Bianucci Law Firm is prepared to initiate legal action in civil court to fully protect the rights of its client. The objective is always to manage the case with maximum transparency, constantly updating the client on developments and strategic decisions to be taken.

Frequently Asked Questions

How long do I have to claim compensation for a failed procedure?

The law provides precise deadlines for taking legal action. In cases of contractual liability, such as that linking the patient to the healthcare facility or private doctor, the right to compensation for damages expires in ten years. This term starts from the moment the patient has full awareness of the damage suffered and its connection to medical error. However, it is advisable to act as soon as possible to gather all necessary evidence.

What evidence is needed to prove the surgeon's error?

To support a compensation claim, it is essential to gather complete documentation. The most important pieces of evidence include the complete medical record, the informed consent form, before and after intervention photographs, invoices for expenses incurred, and, above all, an expert medico-legal report. The latter, drafted by a specialist, analyzes the case from a technical point of view and ascertains the negligent or unskillful conduct of the surgeon and the causal link with the damage.

What exactly does damage compensation include?

Compensation aims to fully restore the harm suffered. It can include various items: reimbursement of the costs of the failed procedure, expenses for future corrective procedures, costs for therapies and psychological support, and lost earnings for periods of work inactivity. To these are added compensation for health damage (biological damage), for psychological suffering (moral damage), and for the negative impact on daily and relational life (existential damage).

Is it possible to reach an agreement without going to court?

Absolutely yes. In fact, the preferred route is often out-of-court settlement. A lawyer specializing in damages claims will initiate negotiations with the opposing party, based on the collected documentation and the medico-legal report, in order to reach a settlement agreement. This solution allows for obtaining compensation in a shorter time and at lower costs compared to a civil lawsuit, avoiding the uncertainty and duration of judicial proceedings.

Contact Lawyer Marco Bianucci for an assessment of your case

If you believe you have suffered harm as a result of a cosmetic surgery procedure, it is essential to fully understand your rights and the concrete possibilities of obtaining justice. The Bianucci Law Firm in Milan offers an initial consultation to analyze your situation, evaluate the available documentation, and illustrate the most appropriate legal strategy. Contacting an experienced professional is the decisive step to transform a negative experience into a path of protection and compensation.