Medical Liability in Prenatal Diagnosis
Discovering at birth that one's child suffers from severe malformations, not diagnosed during pregnancy, is a traumatic event that overturns a family's life. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci deeply understands the emotional burden and practical difficulties that arise. This is not merely a medical error, but the violation of a fundamental right of the woman and the couple: the right to make informed choices regarding the continuation of the pregnancy.
In the Italian legal landscape, claims for compensation for the failure to diagnose fetal malformations are often framed as 'unwanted birth' or 'wrongful birth' damages. Case law recognizes that the gynecologist and the healthcare facility have the obligation to provide complete and truthful information about the fetus's health status. If this obligation is violated due to negligence or lack of skill, preventing the mother from exercising her right to voluntary termination of pregnancy as provided by Law 194/78, the right to compensation arises. It is crucial to demonstrate that, had the woman been promptly informed of the pathology, she would likely have chosen not to carry the pregnancy to term to spare the unborn child and the family an existence marked by suffering.
The Bianucci Law Firm's Approach to Medical Malpractice Cases
Addressing a medical liability case requires a rigorous strategy and specific technical expertise. The approach of Avv. Marco Bianucci, a lawyer specializing in medical malpractice cases in Milan, is distinguished by meticulous attention to clinical and legal details. Each case is initially analyzed with the support of trusted forensic doctors and specialists in gynecology to ascertain whether the diagnostic omission is attributable to a culpable conduct by the healthcare professional or if, conversely, the malformation was not detectable despite professional diligence.
The Bianucci Law Firm works to correctly quantify all damages suffered by the family. This includes not only the biological and moral damages experienced by the parents due to shock and inner suffering, but also the material damages consisting of the significant expenses necessary for the child's maintenance, care, and assistance throughout their life. The objective of Avv. Marco Bianucci is to ensure that the family obtains the necessary financial resources to face the future with dignity and serenity, favoring a prompt out-of-court settlement where possible, while remaining ready to firmly defend clients' rights in court.
Frequently Asked Questions
When can compensation be claimed for failure to diagnose malformations?
Compensation can be claimed when it is demonstrated that the doctor, due to negligence or lack of skill, failed to detect malformations visible with available diagnostic tools, and that this omission prevented the mother from exercising her right to terminate the pregnancy within the legal timeframe.
Does a child born with malformations have a right to independent compensation?
According to the current orientation of the Court of Cassation, a child does not have a 'right not to be born unless healthy,' and therefore is not recognized direct compensation for their condition. Compensation is due to the parents and, in some cases, to siblings for the disruption of their lives.
What damages are compensated in these cases?
Biological (psycho-physical) and moral damages of the parents, existential damages for the alteration of life habits, and material damages, which include all future expenses necessary for the child's assistance and special care, are compensated.
How much time do I have to take legal action against the hospital or gynecologist?
The statute of limitations is generally ten years, as it typically involves contractual liability of the healthcare facility or the doctor. However, it is essential to contact a lawyer specializing in damages compensation as soon as possible to gather the necessary documentation.
Request an Evaluation of Your Case
If you believe you have been a victim of a diagnostic error during pregnancy, it is important to act with awareness. Contact Avv. Marco Bianucci for a preliminary evaluation of your situation. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, is ready to listen to your story with the utmost confidentiality and to outline the best path to obtain justice.