Damages from Eye Surgery: When Compensation Can Be Claimed

Ophthalmic surgery, such as LASIK or cataract removal, represents a promise of improved quality of life for many. However, when the outcome is not as hoped and results in a worsening of vision, partial blindness, or other permanent complications, the damage suffered is profound and devastating. Dealing with the consequences of medical error in such a delicate field requires not only emotional support but also clear and competent legal guidance. Understanding whether the grounds exist for a compensation claim is the first step in protecting your rights. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists individuals who have suffered harm as a result of unsuccessful ophthalmic surgery.

Medical Liability in Ophthalmic Surgery: The Regulatory Framework

In Italy, the liability of doctors and healthcare facilities is governed by a precise regulatory framework, with Law no. 24/2017 (known as the Gelli-Bianco Law) introducing important clarifications. The relationship between patient and healthcare facility is contractual in nature; this means that the facility is obliged to provide diligent care in accordance with good medical practice. In the event of a negative outcome, it is up to the healthcare facility to prove that the damage was not caused by its own breach of duty. Medical error can occur at various stages: an incorrect pre-operative diagnosis, an inadequate assessment of the patient's suitability for surgery, unskillful execution of the surgical operation, or negligent management of the post-operative course. It is essential to distinguish an unpredictable complication from a genuine professional error, and to do so requires in-depth technical analysis.

The Bianucci Law Firm's Approach to Damages Compensation

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in damages compensation in Milan, is based on a rigorous and personalized analysis of each individual case of ophthalmic medical malpractice. The first step involves a careful evaluation of the clinical documentation, supported by collaboration with trusted medico-legal consultants and ophthalmologists. This team of experts is crucial for establishing two fundamental elements: the causal link between the doctor's conduct and the damage suffered, and the precise quantification of biological damage, i.e., permanent injury to psycho-physical integrity. The firm undertakes to explore an out-of-court settlement with the healthcare facility's insurance companies as a priority, in order to obtain fair compensation in a timely manner. Only if this route does not lead to a satisfactory outcome will legal action be pursued, building a solid and targeted defense strategy.

Frequently Asked Questions

How is an ophthalmologist's error proven?

Proving medical error requires a detailed technical analysis of the complete medical documentation (medical records, pre- and post-operative examinations, informed consent). The key element is the medico-legal expert report, drawn up by a specialist in the field, which attests to the surgeon's violation of guidelines and good medical practices and establishes a direct link between such conduct and the visual damage suffered by the patient.

What does compensation for vision damage include?

Compensation is not limited to biological damage alone, i.e., permanent physical impairment. It also includes moral damage, relating to the inner suffering endured, and existential damage, linked to the worsening of quality of life and the renunciation of daily or work activities. In some cases, it may also include patrimonial damage, such as loss of specific work capacity or medical expenses incurred and future ones.

What are the timeframes for obtaining compensation for medical malpractice?

The timeframes are variable and depend on many factors. The out-of-court phase, which aims for an agreement with the insurance company, can last several months. If civil litigation is necessary, the timeframes are extended and can reach several years. The firm's objective is always to prioritize, where possible, the fastest route to ensure the client receives fair compensation without waiting for the lengthy legal process.

Request a Case Evaluation in Milan

If you believe you have been a victim of an error during ophthalmic surgery and your vision has been affected, it is crucial to understand your rights and possible legal actions. Dealing with complex medico-legal issues and communicating with insurance companies alone can be frustrating and ineffective. The assistance of an experienced damages compensation lawyer is the first step to gain clarity and initiate a path of protection. Avv. Marco Bianucci, with offices at Via Alberto da Giussano 26 in Milan, offers his expertise to analyze your situation and concretely assess the possibilities of obtaining fair compensation. Contact the firm for an initial evaluation of your case.