The relationship between doctor and patient is founded on trust and transparency, elements that find their fullest expression in informed consent. Discovering that you have undergone medical treatment without fully understanding its risks, or worse, without receiving due explanations, generates a sense of bewilderment and violation of your fundamental rights. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the delicacy of these situations, where not only the clinical outcome of the procedure is at stake, but also the individual's freedom of choice regarding their own health.

Informed Consent within the Italian Legal Framework

Informed consent is not a mere bureaucratic formality to be completed before a procedure, but rather represents the very legitimization of the medical act. The Italian Constitution (Articles 13 and 32) and Law 219/2017 establish that no medical treatment can be initiated or continued without the free and informed consent of the interested party. The doctor has a legal obligation to provide clear, complete, and understandable information regarding the diagnosis, prognosis, benefits, and risks of the proposed treatment, as well as possible alternatives. Case law has clarified that the violation of this obligation constitutes an independent medical liability. This means that the patient is entitled to compensation not only if the procedure was performed incorrectly (technical error), but also if the procedure was technically successful but the patient was not informed of the risks that subsequently materialized, or if, having been duly informed, they would have refused the treatment. In these cases, we speak of an infringement of the right to self-determination.

The Bianucci Law Firm's Approach to Lack of Consent

Handling a case for lack of informed consent requires meticulous analysis of clinical documentation and a profound knowledge of the most recent case law. The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in medical liability in Milan, is distinguished by its practicality and attention to detail. The firm's strategy primarily involves verifying the quality of the information provided: a generic, pre-printed form, hastily signed, is often insufficient to prove that the doctor has fulfilled their duty to inform. The firm collaborates with trusted forensic doctors to ascertain whether the omission of information prevented the patient from making a conscious choice. The objective is to demonstrate the causal link between the lack of information and the prejudice suffered, whether it be damage to health or the infringement of the freedom to choose whether or not to undergo the treatment. Each case is handled with the utmost confidentiality and with the aim of obtaining fair compensation for the client, prioritizing swift and effective out-of-court settlements where possible.

Frequently Asked Questions

Can I claim compensation if the operation was successful but I did not sign the consent form?

Yes, it is possible. Case law recognizes the right to compensation for the infringement of the right to self-determination. If the patient proves that, had they been properly informed, they would have refused the procedure or chosen a different therapy, they may be entitled to compensation even if the procedure was technically performed correctly.

Who must prove that consent was given?

The burden of proof lies with the healthcare facility or the doctor. It is up to them to demonstrate that they provided complete, clear, and exhaustive information. A simple signature on a generic form may not be considered sufficient proof if the document does not specifically describe the risks of the procedure in question.

What are the time limits for taking legal action for lack of informed consent?

Generally, the liability of the doctor and the healthcare facility is contractual in nature. This means that the statute of limitations for initiating a claim for damages is ten years from the date on which the patient became aware, or should have become aware, of the damage and its connection to the lack of information.

What happens if consent was signed in an emergency situation?

In situations of urgency or emergency, where the patient is unable to express their will and there is an imminent danger to life, the doctor may intervene in a state of necessity. However, the urgency must be real and documented; if the procedure was deferrable, the obligation to obtain informed consent remains valid and binding.

Request an Assessment of Your Case

If you believe you have undergone medical treatment without receiving adequate information about the risks and consequences, it is crucial to act with awareness. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to examine your documentation and assess the grounds for a compensation claim. Contact the firm to schedule an appointment and protect your rights in the medical-legal field.