Hospital-Acquired Infection: When Does the Right to Compensation Arise

Contracting an infection during a hospital stay is a deeply negative and frustrating experience. One enters a healthcare facility to receive treatment and finds oneself facing a new, and sometimes serious, health problem. These infections, medically defined as nosocomial or healthcare-associated infections (HAIs), are not always a tragic fatality, but can result from negligence in healthcare management. Understanding when such a situation gives rise to the right to compensation is the first step to protecting one's health and rights. As an expert lawyer in damages compensation in Milan, Attorney Marco Bianucci assists patients and their families in the complex process aimed at obtaining fair recognition for the harm suffered.

The Responsibility of the Healthcare Facility: What the Law Says

In Italy, the relationship established between a patient and a healthcare facility (public or private) is contractual in nature. This means that the hospital has the obligation not only to provide medical services, but also to guarantee a safe and protected environment, adopting all necessary measures to prevent the onset of infections. According to current legislation, particularly the Gelli-Bianco Law (L. 24/2017), the healthcare facility is liable for damages suffered by the patient under contractual liability. Consequently, in the event of an infection, it is up to the hospital to demonstrate that it acted with the utmost diligence and that the event was unavoidable. For the patient, the crucial element to prove is the causal link, i.e., the direct connection between the hospitalization and the contracted infection, and the resulting harm to health.

The Bianucci Law Firm's Approach to Your Case

Addressing a compensation claim for a hospital-acquired infection requires a precise strategy and a deep knowledge of the subject matter. The approach of Attorney Marco Bianucci, a lawyer with consolidated experience in medical malpractice compensation in Milan, is structured in clear and rigorous phases. The first step consists of a meticulous analysis of all medical documentation, starting from the medical record, to reconstruct the patient's entire journey. Subsequently, the Firm collaborates with trusted medical-legal consultants, whose expertise is fundamental to scientifically ascertain the origin of the infection and quantify the damage suffered (biological, moral, and pecuniary). Only after this in-depth study phase is the best strategy defined to protect the client, which may consist of an out-of-court action to reach an agreement or, if necessary, a legal action aimed at obtaining fair compensation in court.

Frequently Asked Questions

How is it proven that the infection was contracted in the hospital?

Proof is primarily based on technical-scientific elements. Clinical documentation, cultural examinations that identify the responsible bacterium, and, above all, a medical-legal expert opinion are fundamental. An experienced forensic doctor can establish, with a high degree of probability, that the infection was not pre-existing to the hospitalization and that it was caused by a specific deficiency in hygiene or healthcare procedures, thus establishing the causal link with the facility's conduct.

How long do I have to claim compensation for a hospital-acquired infection?

Statute of limitations vary depending on the party against whom the action is brought. To assert the contractual liability of the healthcare facility (both public and private), the term is ten years from the moment the damage occurred or from when the patient became fully aware of it. If, on the other hand, the intention is to act directly against the doctor employed by the facility, the statute of limitations for extra-contractual liability is five years.

What damages can be compensated in case of a nosocomial infection?

Compensation aims to compensate for all prejudices suffered. These include biological damage, understood as permanent or temporary injury to psycho-physical integrity; moral damage, which represents the inner suffering endured; and pecuniary damage, which includes both past and future medical expenses (emergent damage) and loss of income due to inability to work (loss of earnings).

Request an Evaluation of Your Case in Milan

If you believe you have contracted an infection due to negligence during a hospital stay, it is essential to act to protect your rights. Attorney Marco Bianucci offers his expertise to analyze your specific situation, examine medical documentation, and provide you with a clear and honest opinion on the possibilities of obtaining compensation. Contact the Bianucci Law Firm in Milan to schedule an initial consultation and receive a professional evaluation of your case.