Understanding diagnostic error and the right to compensation

Receiving a medical diagnosis is a crucial moment that deeply influences a person's treatment path and life. When this diagnosis proves to be incorrect, delayed, or omitted, the consequences can be devastating, causing a worsening of the pathology, the need for more invasive treatments, or, in the most serious cases, permanent damage or death. We understand the frustration and sense of bewilderment experienced in these situations. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci analyzes these complex cases to protect the patient's rights and obtain fair compensation for the prejudice suffered.

The regulatory framework for medical liability in Italy

In Italy, healthcare liability is governed by a precise regulatory framework, primarily by Law no. 24/2017 (known as the Gelli-Bianco Law), which introduced important innovations on the matter. A diagnostic error becomes legally relevant when it is the result of negligent, imprudent, or unskillful conduct on the part of the healthcare professional. To obtain compensation, it is essential to demonstrate the so-called causal link: it must be proven that the doctor's error directly caused harm to the patient's health, harm that would not have occurred or would have occurred to a lesser extent if the diagnosis had been correct and timely. The evaluation is not based solely on the unfortunate outcome, but on the conformity of the medical conduct with the guidelines and good clinical practices of the sector.

The approach of Bianucci Law Firm in Milan

Addressing a case of alleged medical malpractice requires a rigorous method and a deep knowledge of both law and healthcare dynamics. The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a strategic and personalized analysis, articulated in precise phases. The first step consists of a careful evaluation of the clinical documentation (medical records, reports, examinations) to identify any profiles of responsibility. Subsequently, the Firm avails itself of the collaboration of a team of trusted forensic doctors and specialists, whose expertise is indispensable for technically ascertaining the error and the causal link. Only with a solid evidentiary basis does it proceed to the quantification of the damage and the initiation of the compensation process, prioritizing, where possible, an out-of-court settlement to reduce time and costs for the client.

Frequently Asked Questions

What are the time limits for claiming compensation for diagnostic error?

The right to compensation for damages from medical liability generally expires in ten years if acting against the healthcare facility (contractual liability) and in five years if acting directly against the doctor (non-contractual liability). The terms run from the moment the patient becomes aware of the damage and its traceability to the medical error, a moment that does not always coincide with the date of the error itself. It is crucial to act promptly to avoid losing the right.

How is a diagnostic error proven in court?

The demonstration of a diagnostic error is based on concrete and technical evidence. Complete medical documentation is the starting point. The cornerstone, however, is the medical-legal expert opinion, a report drafted by a technical consultant who analyzes the case, compares the doctor's conduct with accredited guidelines, and establishes whether an error occurred and what damage resulted from it. Testimonies and other documents can supplement the evidentiary framework, but the expert opinion remains the decisive element.

What does compensation for damage due to incorrect diagnosis include?

Compensation aims to restore all suffered prejudices. It is mainly divided into non-pecuniary damage, which includes biological damage (injury to psychophysical integrity), moral damage (inner suffering), and existential damage (worsening of quality of life), and in pecuniary damage. The latter includes both past and future medical expenses (emerging damage) and the loss of earning capacity (loss of profit).

Contact an expert lawyer for an evaluation of your case

Medical liability cases for diagnostic error are among the most complex in civil law and require specific expertise. If you believe you have been a victim of an incorrect or delayed diagnosis and wish to understand your legal options, the first step is to entrust yourself to a qualified professional. Avv. Marco Bianucci offers consultancy in Milan to analyze your situation, evaluate the merits of your claims, and define the most effective strategy to obtain fair compensation. Contact Avv. Marco Bianucci for a preliminary evaluation of your case.