Dental Implantology: When Surgery Causes Serious Harm
Undergoing a course of dental treatment, particularly the insertion of dental implants, requires trust in the professional and often a significant financial investment. When this process turns into an ordeal of chronic pain, paresthesia, or severe infections, the patient finds themselves in a state of profound vulnerability. Understanding that you have suffered permanent damage due to medical error is the first step in protecting your rights. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci assists people daily who have suffered negative consequences resulting from dental treatments not performed to the highest standards.
Dentist's Liability and the Right to Compensation
Italian legislation on medical liability, primarily governed by the Gelli-Bianco Law, obliges healthcare professionals to operate according to accredited guidelines and good clinical-assistance practices. In the field of dentistry, and specifically in implantology, errors can occur at various stages: from incorrect surgical planning, to defective technical execution, to the failure to manage post-operative complications.
Alveolar Nerve Injury and Implant Rejection
Two of the most severe and unfortunately frequent complications involve injury to the inferior alveolar nerve and implant rejection (often due to undiagnosed or poorly managed peri-implantitis). Alveolar nerve injury can cause permanent loss of sensation in the lip and chin, or trigger debilitating neuropathic pain. Such damage is not simply an "unforeseen event," but often the result of incorrect positioning of the implant screw or a failure to conduct a preliminary radiographic assessment of safety distances. Even so-called "rejection," while sometimes physiological, can stem from poor surgical hygiene or premature masticatory loading.
The Law Firm Bianucci's Approach to Cases of Dental Malpractice
Handling litigation against a dentist or a dental clinic requires a precise strategy and specific technical expertise. The approach of Avv. Marco Bianucci, a lawyer specializing in medical liability in Milan, is based on rigorous preliminary analysis. It is not enough to claim to have suffered damage; it is necessary to prove the causal link between the dentist's conduct and the harm suffered.
The Law Firm Bianucci collaborates with highly qualified forensic medical examiners and specialists in forensic dentistry to assess the feasibility of the case through a medico-legal expert report. The primary objective is to obtain fair compensation for biological damage (permanent and temporary disability), moral damage (inner suffering), and patrimonial damage (expenses incurred and future costs to remedy the error). Often, the preferred strategy involves using the Preventive Technical Assessment (ATP) for dispute resolution, a tool that allows for anticipating technical evidence and facilitating a swift settlement with the professional's insurance, avoiding lengthy ordinary lawsuits.
Frequently Asked Questions
I signed the informed consent form, can I still claim compensation?
Yes. Signing the informed consent form does not exempt the doctor from liability for fault or negligence. Consent serves to inform the patient about foreseeable risks, but it does not authorize the dentist to make errors during the procedure or to violate health protocols.
What should I do if I suspect a dentist's error?
It is crucial to immediately retrieve all medical documentation: medical records, X-rays (panoramic, CT scans, Cone Beam), and invoices. Subsequently, it is necessary to submit the case to a lawyer specializing in compensation for damages who, with the help of a medical examiner, will assess whether there are grounds for legal action.
How much time do I have to take legal action?
In cases of contractual liability (which binds the patient to the private dentist or facility), the statute of limitations is 10 years from the moment the damage manifested and was linked to the dental procedure. However, it is always advisable to act promptly to avoid losing evidentiary elements.
What damages are compensated in case of nerve injury?
Biological damage (injury to psychophysical integrity, such as loss of sensation), subjective moral damage, and patrimonial damage are compensated. Patrimonial damage includes both medical expenses already incurred and those necessary for future corrective procedures or pain therapies.
Request an Assessment of Your Case
If you believe you have been a victim of dental malpractice, such as a failed implant or nerve injury, do not let time pass. Contact Avv. Marco Bianucci for an assessment of your case at his Milan office. We will analyze the documentation together to determine if there are grounds to obtain the compensation you are entitled to.