Compensation for Damages from Medical Error
A medical error occurs when a healthcare provider, due to negligence, incompetence, or carelessness, fails to meet professional standards, causing harm to the patient. The consequences can be profound and long-lasting, with physical, psychological, and economic impacts that can disrupt the lives of the affected person and their family. Inadequately performed surgeries, delayed diagnoses, incorrect therapies, or poor hospital hygiene fall under the various forms of medical error, all of which violate a fundamental right: the right to health.
Compensation for medical errors cannot erase the harm suffered, but it can represent a decisive step towards achieving justice, dignity, and concrete economic support.
What is a medical error?
A medical error can manifest in various forms:
- Diagnostic errors: missed, incorrect, or delayed diagnoses that prevent timely and adequate care.
- Therapeutic errors: administration of wrong medications, imprecise dosages, unsuitable treatments.
- Surgical errors: operations on the wrong organs or body parts, omission of necessary procedures, avoidable complications.
- Avoidable complications: infections contracted in the hospital, neurological damage, and other consequences that could have been prevented with proper care.
- Malpractice in neonatal and perinatal settings: errors during childbirth or in the early moments of the newborn's life that can lead to permanent neurological conditions.
What damages can be compensated?
The compensation aims to cover all the negative consequences of the medical error. It is possible to obtain compensation for:
- Biological damage: irreversible physical and mental injuries, disabilities, and chronic conditions.
- Moral damage: inner suffering, stress, anxiety, and emotional pain caused by the harmful event.
- Property damage: medical expenses, ongoing assistance, rehabilitation, home adaptations, lost earnings.
- Existential damage: deterioration of quality of life, limitations in daily, social, and work activities.
Conditions related to medical error
Cerebral Palsy
Cerebral palsy is a permanent neurological condition that can result from complications during childbirth, such as inadequate assistance or delays in diagnosing fetal distress. This condition causes motor problems, developmental delays, and difficulties with balance and coordination. A medical error in the neonatal setting can thus lead to a life marked by significant limitations and the need for ongoing care. Obtaining compensation means being able to access therapies, aids, and support programs that help the person achieve the highest possible degree of autonomy.
Spastic Syndromes
Spastic syndromes are characterized by involuntary muscle tension, making movements rigid and difficult. They can arise from neurological damage caused by suboptimal management during childbirth or incorrect medical interventions. Compensation in these cases not only acknowledges the injustice suffered but also provides financial means to support physiotherapy, orthopedic, and rehabilitative treatments aimed at improving the patient's quality of life.
Dyskinetic Syndromes
Dyskinetic syndromes involve involuntary movements, either slow or rapid, that hinder normal motor coordination. An inappropriate obstetric intervention or a medical error in managing the newborn can be at the origin of such disorders. Economic compensation serves to cover the costs of specific treatments, psycho-motor support, and technological aids that enable the patient to lead as independent a life as possible.
Ataxic Syndromes
Ataxic syndromes manifest through problems with balance, coordination, and precision in movements, often resulting from brain damage. If such damage is the result of a medical error, compensation allows for addressing the significant expenses related to physiotherapy, specialized treatments, and possible adaptations to the home environment. This way, greater independence and better social integration for the affected person are facilitated.
Nosocomial Infections
Nosocomial infections, contracted during hospital stays, are often the result of inadequate hygiene measures, unsterilized instruments, or inappropriate procedures. Such infections, in addition to prolonging hospitalization, can cause serious complications and discomfort. Obtaining compensation allows for recovering additional medical expenses, compensating for damages suffered, and having the necessary resources for a full recovery, where possible.
How we operate
The Bianucci Law Firm adopts a personalized approach, assisting the client at every stage:
- Case analysis with medical experts to identify the error and establish its extent;
- Collection of medical documentation and necessary evidence to demonstrate the causal link between the error and the condition (cerebral palsy, neurological syndromes, or nosocomial infections);
- Thorough evaluation of all types of damage, including those related to long-term therapies, rehabilitation, and the need for constant assistance;
- Negotiations with insurance companies or healthcare facilities, in an attempt to reach a favorable out-of-court settlement;
- Legal representation in court, if necessary, to assert the client's rights and obtain the maximum possible compensation.
Why trust us
The Bianucci Law Firm offers experience, competence, and sensitivity in handling cases of medical error. We understand the difficulties that families face when conditions such as cerebral palsy, spastic, dyskinetic, or ataxic syndromes emerge, as well as when nosocomial infections are contracted. Our goal is to alleviate the emotional and bureaucratic burden, ensuring effective support and clear guidance towards compensation.
Contact us
If you believe you have suffered harm due to a medical error, contact us for a no-obligation consultation. We are ready to listen to your story, evaluate your case, and provide you with a legal strategy aimed at obtaining the compensation you deserve. Justice and the defense of your rights are our priority.
A medical error occurs when a healthcare provider does not comply with the required professional standards, causing harm to the patient. It can be recognized when, due to inadequate care, a missed or delayed diagnosis, incorrect therapy, or inappropriate hospital procedures, the patient suffers physical, neurological, or psychological injuries that could have been avoided.
Among the most severe conditions are cerebral palsy, spastic syndromes, dyskinetic syndromes, and ataxic syndromes, often related to complications during childbirth or neonatal care. Nosocomial infections, contracted during hospital stays due to inadequate hygiene measures, also fall among the compensable damages from medical errors.
It is essential to gather all medical documentation, including medical records, reports, certificates, diagnostic tests, and any further evidence that demonstrates the causal link between the medical actions and the onset of the condition. In the case of cerebral palsy or neurological syndromes, for example, it is crucial to demonstrate that the complications were caused by inadequate assistance.
Generally, the statute of limitations is 10 years, but it can vary depending on the type of medical liability. Acting promptly facilitates the collection of evidence and the identification of responsibilities, especially when it comes to complex and long-term conditions such as neurological syndromes or damages resulting from nosocomial infections.
Not always. In many cases, it is possible to reach an out-of-court settlement with healthcare facilities or insurance companies. However, if a fair agreement cannot be found, initiating legal proceedings is the necessary path to obtain the rightful compensation. The Bianucci Law Firm assesses the most suitable solution for each specific situation.
The assessment of damage takes into account the physical, psychological, and economic consequences for the patient. For conditions such as cerebral palsy or spastic, dyskinetic, and ataxic syndromes, the needs for long-term care, rehabilitation, technical aids, and specialized therapies are considered, as well as the impact on daily, family, and work life.
Yes, if the infection was contracted due to inadequate hygiene conditions, incorrect procedures, or unsterilized instruments, it falls under the category of medical errors. Compensation can cover the costs of further treatments, rehabilitation, and the moral damages suffered by the patient due to the avoidable complication.
The Bianucci Law Firm offers personalized consulting and an integrated approach, relying on expert doctors to evaluate the causes of the damage and its extent. We take care of gathering the necessary documentation, negotiating with the opposing parties, evaluating a fair settlement, or, if necessary, representing you in court. Our goal is to ensure you receive compensation that accounts for all the consequences of the medical error.