When Treatment Worsens the Injury: Liability in Rehabilitation
Undergoing a rehabilitation process after a road accident or a workplace injury requires patience and trust in healthcare professionals. However, it sometimes happens that instead of witnessing an improvement, the patient finds themselves facing a worsening of their physical condition due to incorrect procedures, unsuitable therapies, or negligence in managing functional recovery. As an expert lawyer in damages compensation in Milan, I deeply understand the frustration and despair that arise from seeing one's trust betrayed during a moment of vulnerability. This is not just a loss in terms of health, but a genuine additional damage that deserves to be assessed and compensated with the utmost care.
The Regulatory Framework: Liability of the Physiotherapist and the Facility
In Italy, the liability of a physiotherapist or a rehabilitation center falls under the scope of professional healthcare liability. The law stipulates that the professional must act with the qualified diligence required by the nature of the activity performed. If a rehabilitation treatment is carried out in a manner that does not comply with protocols, or if a contraindicated therapy is prescribed for the patient's specific condition, medical malpractice is established. It is crucial to distinguish between a failure to heal, which is not always attributable to the medical professional, and a worsening actively caused by an error. Case law recognizes the right to compensation for both biological damage (aggravation of the physical injury) and patrimonial damage (additional medical expenses, loss of earning capacity) and non-patrimonial damage (moral suffering). Liability can be contractual, if there is a direct agreement with the professional or clinic, or non-contractual, and often involves the healthcare facility where the operator works, which is liable for the actions of its auxiliaries.
Studio Legale Bianucci's Approach to Cases of Rehabilitative Medical Malpractice
Advocate Marco Bianucci, with his extensive experience as an expert lawyer in medical liability and damages compensation in Milan, adopts a rigorous working method to protect victims of rehabilitative errors. The complexity of these cases lies in proving the causal link: it must be demonstrated that the worsening is a direct consequence of the incorrect therapy and not a natural evolution of the original trauma. For this reason, Studio Legale Bianucci works closely with trusted forensic doctors and specialists to analyze medical records and documentation related to physiotherapy sessions. The goal is to build a solid body of evidence before making any compensation claims. The approach is never standardized: each injury and each rehabilitation process is unique. The strategy primarily aims to obtain fair compensation in an out-of-court settlement, dealing with the healthcare facility's insurance companies with expertise and firmness, resorting to legal action only when strictly necessary to ensure full protection of the client's rights.
Frequently Asked Questions
Can I claim compensation if the physiotherapist injured me during a session?
Yes, if the pain or physical worsening are direct consequences of an incorrect, overly aggressive, or inappropriate maneuver for the condition being treated, compensation can be claimed. It is essential to immediately document the incident and be examined by a third-party doctor to certify the damage suffered as a result of the treatment.
Whose fault is it: the physiotherapist's or the rehabilitation center's?
Often, liability is shared. The physiotherapist is liable for their professional conduct, but the healthcare facility (clinic, hospital, or physiotherapy center) is liable for the actions of its employees or collaborators. An expert lawyer in damages compensation will assess, on a case-by-case basis, whether to direct the damages claim to the individual professional, the facility, or both.
What documents are needed to prove an error in rehabilitation?
To process a compensation claim, it is essential to gather all medical documentation: reports from the emergency room or the original surgery, medical prescriptions for physiotherapy, medical records or a diary of rehabilitation sessions, and subsequent reports attesting to the worsening of the condition. Without documentary proof of the 'before' and 'after', it is difficult to demonstrate the causal link.
How long do I have to act to obtain compensation?
The statutes of limitations vary depending on whether it is contractual liability (10 years) or non-contractual liability (5 years). However, it is crucial to act as soon as possible. Waiting too long can make it difficult to obtain evidence and prove that the current damage is linked precisely to that wrong treatment that occurred months or years earlier.
Request an Assessment of Your Case in Milan
If you believe you have suffered damage due to incorrect or negligent rehabilitation, do not let time compromise your rights. Advocate Marco Bianucci is at your disposal to analyze what happened with professionalism and transparency. Studio Legale Bianucci welcomes you at its Milan office, in Via Alberto da Giussano 26, to offer you a targeted consultation and define the best strategy to obtain the compensation you are entitled to.