Medical malpractice during childbirth: the right to compensation

Facing the news that your child was born with a permanent disability due to possible medical malpractice is a devastating experience. In these moments of deep bewilderment and pain, it is crucial to know that Italian law protects both the child and the parents, providing for the right to full compensation for the damages suffered. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci supports families in this complex journey, with the aim of ensuring the best possible care for the child throughout their life and the right support for the parents for the consequences this event has on their existence.

The regulatory framework: when medical liability arises

The liability of the healthcare facility or the individual doctor arises when it is possible to demonstrate a causal link between negligent, imprudent, or unskilled conduct and the damage suffered by the newborn. Errors can occur in different phases: during pregnancy, due to a missed diagnosis of fetal malformations or pathologies, or during labor and delivery, for example, due to a delay in performing a cesarean section that causes cerebral hypoxia. The law provides for compensation for various types of damages, including the child's biological damage, pecuniary damage for all future medical, assistance, and care expenses, and non-pecuniary damage (moral and existential) suffered by the parents.

The approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in compensation for damages from medical negligence in Milan, is based on a rigorous and personalized analysis of the case. The strategy is divided into clear steps: first of all, all clinical documentation is acquired and studied. Subsequently, a team of trusted medical examiners and specialists is engaged to prepare an expert report that ascertains the error and the causal link. This step is crucial for accurately quantifying the extent of the damage, projecting it over the child's entire life expectancy. The primary objective is to obtain, out of court or, if necessary, in court, compensation that fully covers every future need, guaranteeing the child and their family the greatest possible financial serenity to face the challenges that await them.

Frequently Asked Questions

How is medical malpractice that caused the disability proven?

Proving medical malpractice requires an in-depth technical analysis of the health documentation (medical records, cardiotocographic tracings, examinations). A medico-legal expert report, prepared by specialists in the field, is essential to identify the culpable conduct of the healthcare personnel and establish a direct link between such conduct and the damage suffered by the newborn. The law firm is responsible for coordinating this complex evaluation process.

What are the compensable damage items for the child and parents?

Compensation includes the child's non-pecuniary damage (biological damage, moral damage) and pecuniary damage, which covers all future expenses for specialized assistance, rehabilitation therapies, medications, aids, and home adaptation. Parents are also entitled to compensation for the non-pecuniary damage suffered, which disrupts their family and relational life, and for any loss of earning capacity related to the need to care for their child.

How much time is there to initiate a compensation claim?

In cases of contractual liability of the healthcare facility (public or private), the right to compensation is subject to a ten-year statute of limitations. The term does not necessarily start from the day of childbirth, but from the moment the family becomes fully aware that the damage was caused by erroneous medical conduct. Given the complexity of the matter, however, it is essential to act as soon as possible to gather the necessary evidence.

Contact the firm for an assessment of your case

If you believe that your child's disability may be the consequence of medical negligence, it is your right to seek justice. Avv. Marco Bianucci and his law firm in Milan offer an initial consultation to analyze your situation with the utmost confidentiality and professionalism. Contacting the firm means entrusting yourself to a team that understands the delicacy of your experience and will work to protect your child's future. The Bianucci Law Firm is located at Via Alberto da Giussano, 26 in Milan.