Understanding Drug-Related Harm

Suffering harm to one's health due to a drug that was supposed to cure it represents a profound breach of trust placed in the healthcare system and pharmaceutical companies. When a medicine proves to be defective or causes serious and unexpected side effects, not listed in the package leaflet or not adequately communicated, the patient has the right to obtain justice and appropriate compensation. Facing a legal process in these circumstances requires in-depth knowledge of the subject matter and a strategic approach. As an expert lawyer in damages compensation in Milan, Attorney Marco Bianucci assists individuals who have suffered harm due to pharmaceutical products, providing the necessary support to assert their rights.

Liability for Harm from Pharmaceutical Products

Italian law, particularly the Consumer Code (Legislative Decree 206/2005), protects the consumer-patient through the principle of liability for defective products. A drug is considered defective when it does not offer the safety that can legitimately be expected, taking into account all circumstances. Responsibility primarily falls on the manufacturer, i.e., the pharmaceutical company. To obtain compensation, it is essential to demonstrate three elements: the harm suffered, the defect of the drug, and, above all, the causal link between the defect and the harm. This means proving that the pathology or the worsening of health conditions are a direct consequence of taking that medicine.

Identifying Responsible Parties

Although the primary responsibility lies with the manufacturer, other parties may also be involved in some cases. For example, responsibility might emerge for the prescribing physician, if they did not provide adequate information about the risks or made a prescribing error. The pharmacist could also bear some responsibility if, for instance, they provided a different drug than the one prescribed. Each case requires a detailed analysis to correctly identify all parties from whom compensation for damages can be claimed.

The Approach of Bianucci Law Firm

Facing a lawsuit against a large pharmaceutical company requires preparation, rigor, and a well-defined legal strategy. The approach of Attorney Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a meticulous preliminary analysis of the case. The first step involves collecting all medical documentation, including medical records, prescriptions, and reports. Subsequently, with the assistance of trusted medical-legal consultants, the causal link is evaluated, which is the most complex and crucial element of the process. Only after establishing the solidity of the evidence is the best strategy defined, which may involve an attempt at out-of-court settlement or the initiation of legal action to obtain fair compensation for all damages suffered: biological, moral, and economic.

Frequently Asked Questions

How is it proven that the harm was caused by a drug?

Demonstrating the causal link is at the heart of these cases. It is necessary to collect complete medical documentation that attests to the health condition before and after taking the drug. The assistance of an independent medical-legal expert report, drafted by a specialist, is fundamental to analyze the case and scientifically confirm the connection between the medicine and the harm to health, excluding other possible causes.

What types of damages can be compensated?

Compensation aims to fully compensate for the harm suffered. It includes biological damage (injury to psycho-physical integrity), moral damage (suffered inner distress), and pecuniary damage. The latter is divided into actual damage, such as past and future medical expenses, and loss of earnings, i.e., the loss of earning capacity due to the pathology.

How long do I have to file a lawsuit for defective drugs?

Statutory limitation periods are a very important technical aspect. Generally, the right to compensation for harm caused by a defective product is time-barred after three years from the day on which the injured party became aware, or should have become aware, of the harm, the defect, and the identity of the responsible party. It is therefore crucial to act promptly to avoid losing one's right.

Request an Evaluation of Your Case in Milan

If you or a family member believe you have suffered harm due to a defective drug or inadequately reported side effects, it is essential to understand the legal options available to you. The Bianucci Law Firm offers an initial case evaluation to analyze the documentation and verify the existence of the prerequisites for a compensation claim. Contact the firm to receive qualified legal advice and understand how to protect your health and your rights.