Addressing the Consequences of a Misdiagnosis

Receiving a medical diagnosis is a delicate moment that profoundly impacts a person's life and that of their family. When such a diagnosis turns out to be incorrect, delayed, or incomplete, the consequences can be devastating, leading to a worsening of health conditions, the need for more invasive treatments, or, in more serious cases, the loss of precious opportunities for healing. Understanding that you have suffered harm due to a medical error generates a sense of bewilderment and frustration. As an expert compensation lawyer in Milan, lawyer Marco Bianucci approaches these situations with the utmost seriousness, providing legal assistance aimed at protecting the patient's rights.

The Regulatory Framework: When Medical Liability Arises

In Italy, medical liability for diagnostic errors is a complex matter, primarily governed by Law no. 24/2017 (known as the Gelli-Bianco law). For a right to compensation to arise, it is not enough for the diagnosis to have been wrong; it is necessary to demonstrate the existence of three fundamental elements. The first is the negligent conduct of the doctor or healthcare facility, meaning a violation of clinical guidelines and best practices. The second is the existence of concrete damage to the patient's health. The third, and often the most complex to prove, is the causal link, i.e., proof that the damage was a direct and immediate consequence of the diagnostic error and not of the natural progression of the pathology.

Compensable damages can take various forms. Biological damage represents the injury to the person's psycho-physical integrity, assessed in percentage terms by a medical examiner. Added to this is moral damage, which compensates for the inner suffering and distress experienced. Finally, pecuniary damage includes both medical expenses incurred (emergent damage) and lost earnings due to the inability to work (lost profits). The correct quantification of all these items is a crucial step to ensure that the patient receives fair and complete compensation.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert compensation lawyer in Milan, is based on a rigorous and personalized analysis of the case. Every situation of alleged medical malpractice is examined through a structured process. The first step consists of a careful review of all medical documentation, such as medical records, reports, and instrumental examinations. Subsequently, the firm collaborates with a team of trusted medical-legal consultants and specialists, whose expertise is essential for technically ascertaining the healthcare professional's error and the causal link to the damage suffered. This synergy between legal and scientific expertise allows for the construction of a solid strategy aimed at demonstrating liability and negotiating fair compensation, first out-of-court and, if necessary, in court.

Frequently Asked Questions

How long do I have to claim compensation for a misdiagnosis?

The statute of limitations varies depending on the party against whom action is taken. Generally, there is a 10-year period to assert the contractual liability of the healthcare facility (hospital, private clinic) and a 5-year period for the non-contractual liability of the individual doctor, if they operated outside a facility. The period begins from the moment the patient became aware of the damage and its attribution to the medical error.

What documents are needed to initiate a compensation claim?

For an initial assessment of the case, it is essential to gather all available medical documentation. This includes: complete medical records for each hospitalization, specialist visit reports, results of laboratory and diagnostic tests (such as CT scans, MRIs, ultrasounds), the attending physician's certificates, and documentation proving expenses incurred for medications, therapies, and paid visits.

What happens if the misdiagnosis caused the illness to worsen?

In this case, 'loss of chance' damage may arise. This is a specific type of damage that occurs when medical error has deprived the patient of the possibility of achieving a better outcome or avoiding a worsening of their condition. Compensation is calculated based on a percentage assessment of the lost probability, a complex analysis that requires a very in-depth medical-legal expert opinion.

Does compensation also cover psychological damages?

Absolutely yes. Psychological suffering resulting from a misdiagnosis, anxiety for the future, and the trauma experienced are fully compensable damages. These components are included in the assessment of biological damage (for permanent psychological disorders) and moral damage, and their quantification is entrusted to specialized experts to ensure full redress for the harm suffered.

Contact an Expert Lawyer for an Assessment of Your Case

If you believe you have suffered damage due to a misdiagnosis or delayed diagnosis, the first step is to understand your rights and the real possibilities of obtaining compensation. Navigating this process without competent legal guidance can be complex and frustrating. Lawyer Marco Bianucci offers an initial consultation to analyze your documentation and define the most appropriate strategy to protect your health and interests. Contact the firm for an in-depth assessment of your case in Milan.