Patient Protection for Obesity Surgery Errors
Undergoing bariatric surgery, such as gastric bypass or sleeve gastrectomy, often represents a decisive step towards improving one's health and quality of life. However, when the surgery does not go as planned due to medical negligence or malpractice, the physical and psychological consequences can be devastating. Realizing you have suffered an unjust harm at a time of extreme vulnerability requires not only medical support but also solid legal guidance. As an expert compensation lawyer in Milan, Avv. Marco Bianucci deeply understands the sensitivity of these situations and offers his expertise to ascertain responsibilities and obtain fair compensation for the injured patient.
The Regulatory Context: Medical Liability and Bariatric Surgery
In Italy, medical liability is primarily governed by the Gelli-Bianco Law (Law 24/2017), which has redefined the liability profiles of healthcare facilities and medical professionals. In the specific context of bariatric surgery, which is elective and not emergency surgery, the duty to inform and the correct execution of the procedure assume even greater importance. The doctor and the healthcare facility are required to comply with guidelines and good clinical-assistance practices accredited by the scientific community.
To establish the right to compensation, it is necessary to demonstrate the causal link between the healthcare professional's conduct (or the facility's organizational deficiency) and the damage suffered by the patient. Not every complication gives the right to compensation; it is crucial to distinguish between the normal risks inherent in surgical intervention and avoidable errors arising from imprudence, negligence, or lack of skill. Common errors in this field can include accidental injury to adjacent organs, delayed diagnosis of anastomotic suture leaks, poorly managed post-operative infections, or an incorrect assessment of the patient's suitability for the specific procedure.
The Bianucci Law Firm's Approach to Compensation
Avv. Marco Bianucci, an expert in medical liability in Milan, adopts a rigorous and analytical approach to managing cases of error in bariatric surgery. The technical complexity of these procedures requires a strategy that goes beyond mere knowledge of legal norms. For this reason, the firm collaborates with highly qualified forensic doctors and obesity surgery specialists for an in-depth preliminary assessment of medical records.
The primary objective is to build a solid body of evidence before undertaking any legal action. Avv. Marco Bianucci prefers, where possible, to pursue out-of-court settlements, seeking to obtain maximum compensation within a reasonable timeframe through targeted negotiations with the insurance companies of the healthcare facilities involved. However, if the opposing party does not acknowledge their responsibilities, the firm is prepared to defend the client's rights in court with determination and technical expertise. Every stage of the process is shared with the client with utmost transparency, clearly explaining the chances of success and the critical aspects of the case.
Frequently Asked Questions
What are the time limits for claiming compensation for medical malpractice?
The statute of limitations varies depending on the type of liability invoked. Generally, the action against the healthcare facility (contractual liability) is time-barred after 10 years from the moment the damage manifested and was linked to the procedure. The action against the individual doctor (often extracontractual liability) usually has a 5-year limit. However, it is always advisable to act promptly to facilitate the collection of evidence.
I signed the informed consent form: can I still claim compensation?
Yes, signing the informed consent form does not exempt the doctor or the facility from liability for errors committed during the surgery or in the post-operative phase. Consent serves to inform the patient about known and foreseeable risks but does not authorize healthcare personnel to act with negligence or lack of skill. If the damage results from a technical error and not from an unavoidable complication described in the form, the right to compensation remains.
What happens if the damage was caused by a hospital infection?
Hospital-acquired infections are a frequent cause of liability for healthcare facilities. In such cases, it is up to the hospital to prove that it took all necessary sterilization and prophylaxis measures to prevent the infection. If the facility cannot provide such proof, the patient is entitled to compensation for the damages suffered due to the infection contracted during hospitalization for bariatric surgery.
What damages can be compensated in case of surgical error?
Compensation can cover various types of damages. Pecuniary damages include medical expenses incurred and loss of earnings (past and future) due to the inability to work. Non-pecuniary damages include biological damage (injury to psychophysical integrity), moral damage (inner suffering), and existential damage (alteration of life habits). Avv. Marco Bianucci will assess all applicable categories to your specific case.
Request an Assessment of Your Case
If you believe you have been a victim of medical error in bariatric surgery, it is crucial not to leave anything to chance. Avv. Marco Bianucci is available at his Milan office, located at Via Alberto da Giussano 26, to review your documentation and provide you with an honest and professional opinion on the feasibility of a compensation claim. Let's face the path together to obtain the justice you deserve.