Legal Protection for Breast Augmentation and Reconstructive Surgery Damages

Dealing with the consequences of a failed breast surgery, or discovering that implanted prostheses are defective, represents a trauma that goes beyond mere physical harm. It is a breach of trust placed in the doctor and the healthcare facility, with often profound psychological repercussions that affect self-esteem and social life. We understand that behind every compensation claim, there is a personal story of suffering and the need for justice. As an expert lawyer for damages compensation in Milan, Avv. Marco Bianucci daily assists patients who have suffered damages arising from negligent breast augmentation, reduction, or post-oncological reconstructive surgeries.

Medical and Manufacturer Liability in Aesthetic Damage

The Italian legal framework regarding medical liability, primarily defined by the Gelli-Bianco Law, distinguishes between the liabilities of the healthcare facility and those of the individual professional. In the specific case of breast surgery, the case law is complex and requires careful analysis. If the damage stems from a technical error in performing the surgery, from an incorrect pre-operative assessment, or from a deficiency in informed consent, medical liability for professional negligence is established. However, when the problem arises from the rupture or malfunction of the implant itself, the manufacturer's liability for defective prostheses comes into play. Case law recognizes the right to compensation not only for biological damage (temporary or permanent disability) but also for moral and existential damage, considering the specific impact that aesthetic damage to the breast has on a woman's psyche.

The Bianucci Law Firm's Approach to Medical Malpractice Cases in Aesthetics

Avv. Marco Bianucci, a lawyer specializing in damages compensation for medical liability in Milan, adopts a rigorous and analytical work method. We do not simply send a generic damages claim: each case undergoes a thorough preliminary assessment with the assistance of trusted forensic doctors and plastic surgery specialists. This step is crucial for establishing the causal link between the surgeon's actions (or the prosthesis defect) and the damage suffered. The Bianucci Law Firm's strategy aims, in the first instance, to achieve an out-of-court settlement of the dispute, negotiating with the insurance companies of the healthcare facility or the manufacturer to ensure the client fair compensation within a reasonable timeframe. Should the settlement route not be feasible, the firm is prepared to defend the patient's rights in court with the utmost determination.

Frequently Asked Questions

Can I claim compensation if I don't like the aesthetic result but there are no functional damages?

Cosmetic surgery is often considered an obligation of result and not just of means, but the issue is debated. If the result is clearly different from what was agreed upon or presents objective, unforeseeable disfigurements (severe asymmetries, unexpected keloid scars), it is possible to take action. It is essential to review the informed consent signed before the operation.

Who is responsible if a breast implant ruptures?

Liability may fall on the manufacturer if the prosthesis was defective from the outset (manufacturing defect), or on the surgeon if the rupture was caused by incorrect maneuvers during insertion or by incorrect positioning that prematurely wore out the implant. A technical analysis of the explanted device is often necessary.

How long do I have to sue a plastic surgeon?

For contractual liability (which binds the patient to the healthcare facility or the freelance doctor with a direct contract), the statute of limitations is 10 years from the moment the damage manifested and was perceived as a consequence of the intervention. For non-contractual liability, the term is 5 years.

What types of damages are compensated in these cases?

Compensation typically includes material damages (expenses for the incorrect surgery, costs for corrective surgery, future medical expenses) and non-material damages, which include biological damage (injury to psychophysical integrity) and moral damage (inner suffering). In cases of breast damage, aesthetic damage is a fundamental component of biological damage.

Request a Case Evaluation in Milan

If you believe you have been a victim of surgical error or have suffered damages due to defective prostheses, do not let time pass and prejudice your rights. Avv. Marco Bianucci is available to examine your medical documentation and provide you with an honest and professional opinion on the feasibility of your compensation claim. We receive at our office in Milan at Via Alberto da Giussano, 26, ensuring maximum confidentiality and expertise.