Dealing with the consequences of medical malpractice is always a complex experience, but when the damage concerns dental care and implantology, the impact on daily quality of life can be devastating. Beyond physical pain, difficulties in chewing, aesthetic problems, and significant psychological distress often arise. If you believe you are a victim of dental medical negligence, it is crucial to know that Italian law protects the injured patient. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the sensitivity of these situations and offers targeted legal support to obtain fair compensation for the prejudice suffered.
The Professional Liability of the Dentist
The relationship between patient and dentist is framed within contractual liability. This means that the professional is obliged to perform their service with the qualified diligence required by the nature of the intervention. In the specific field of implantology and prosthetics, jurisprudence tends to evaluate the doctor's work with particular rigor, as the patient expects not only functional improvement but also an aesthetic result. When an unsuccessful outcome occurs, such as implant loss, improperly treated infections, or nerve damage, it is necessary to ascertain whether this is due to an unpredictable complication or a technical and execution error by the healthcare professional.
Types of Compensable Damages
In the context of dental liability, compensation is not limited to the simple refund of sums paid for incorrect treatments. The law provides for compensation for various types of damages. Pecuniary damages cover the expenses incurred to remedy the error (often very substantial for redoing the work by another professional) and any loss of earnings due to temporary disability. Non-pecuniary damages, on the other hand, include biological damage (injury to psychophysical integrity ascertained by a medical examiner) and moral damage, understood as the inner suffering experienced due to the injurious event. An expert lawyer in compensation for damages knows how to correctly quantify all these items to ensure complete protection.
The Approach of the Bianucci Law Firm
Avv. Marco Bianucci, an expert lawyer in medical liability in Milan, approaches cases of dental malpractice with a rigorous and analytical method. The strategy of the Bianucci Law Firm is based on the awareness that, in matters of medical malpractice, legal expertise must go hand in hand with scientific expertise. For this reason, the firm collaborates with trusted medical examiners and dental specialists for a preliminary assessment of the case. Before undertaking any legal action, a thorough analysis of the medical records and X-rays is carried out to verify the existence of a causal link between the dentist's actions and the alleged damage.
The objective of Avv. Marco Bianucci is to avoid, whenever possible, lengthy and costly litigation, favoring an out-of-court negotiation phase with the professional's or healthcare facility's insurance company. However, should a fair agreement not be reached, the firm is prepared to defend the client's rights in court with determination and competence. Assistance is always personalized: each clinical history is unique and deserves specific attention to build the best possible defense strategy.
Frequently Asked Questions
How long do I have to claim damages from the dentist?
Since the dentist's liability is generally contractual in nature, the statute of limitations is ten years from the moment the damage manifested and was perceived as a consequence of the dental treatment. However, it is always advisable to act promptly to facilitate the collection of documentary and clinical evidence necessary to support the compensation claim.
What should I do if a dental implant fails or becomes loose?
Implant failure does not automatically entitle you to compensation, as it could depend on the patient's biological factors (e.g., rejection). However, if the failure is due to an error in the planning of the procedure, its execution, or the choice of materials, the doctor is liable. It is crucial to keep all medical documentation and request a medical-legal expert opinion to ascertain the causes of the problem.
Is it possible to obtain compensation for aesthetic damage as well?
Absolutely yes. In dentistry, aesthetic damage is of considerable importance, especially if it affects the front teeth, impacting the patient's social life and self-esteem. This type of prejudice is assessed within biological damage and can lead to personalized compensation based on the age and professional activity of the injured party.
How is a dentist's error proven?
The burden of proof in these cases is divided: the patient must prove the contract (the healthcare service) and the worsening of their health condition, while the dentist must prove that they acted with diligence and that the unsuccessful outcome was due to an unforeseen and unavoidable event. Avv. Marco Bianucci uses technical consultants to prepare expert reports that highlight the discrepancies between medical guidelines and the dentist's actual practice.
Request an Assessment of Your Case
If you have suffered damages as a result of dental care or unsuccessful implantology procedures, do not let time pass. Entrusting yourself to a competent professional is the first step towards obtaining justice. Contact the Bianucci Law Firm to schedule an initial consultation at the Milan office. Avv. Marco Bianucci will analyze your situation with the utmost confidentiality and professionalism, outlining the most appropriate path to protect your rights and obtain the compensation you are entitled to.