The Right to Medical Information and Patient Protection

Undergoing surgery or medical treatment requires profound trust in the healthcare professional, but this trust must be necessarily supported by clear and complete information. When a patient undergoes treatment without receiving adequate explanations about the risks, therapeutic alternatives, and possible consequences, a violation of a fundamental right occurs. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the bewilderment and frustration that arise from discovering, often retrospectively, that one was not placed in a position to choose freely and consciously for one's own health.

Legislation on Informed Consent and Medical Liability

In our legal system, informed consent is not a mere bureaucratic formality but the foundation of the lawfulness of medical practice. Law 219/2017 and consolidated case law establish that the doctor has the obligation to provide the patient with detailed, understandable, and personalized information. The mere signing of a pre-printed form, often generic and presented to the patient shortly before the procedure, is not sufficient to exempt the healthcare facility from liability. If the information is lacking, inaccurate, or absent, a violation of the patient's right to self-determination occurs.

It is crucial to distinguish between two types of compensable damages in this context. The first concerns actual damage to health: it occurs when the patient, if correctly informed about the risks, would have refused the procedure that subsequently worsened their condition. The second, more subtle but equally relevant, is damage from the violation of the right to self-determination. This can exist even if the procedure was technically performed correctly but produced outcomes that the patient would not have accepted if they had been previously aware of them, thus depriving them of the freedom to choose whether or not to undergo treatment.

The Approach of Studio Legale Bianucci in Milan

Handling a medical malpractice case requires technical expertise and a rigorous procedural strategy. The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, always begins with a thorough preliminary analysis of the clinical documentation. The objective is to verify not only the presence of the consent form but also the quality and timeliness of the information provided. The firm collaborates with trusted forensic doctors to ascertain whether the complications that occurred were among those foreseeable that should have been communicated to the patient.

The strategy of Studio Legale Bianucci aims to demonstrate the causal link between the lack of information and the damage suffered. We do not limit ourselves to contesting the form but investigate the substance of the doctor-patient relationship. In many cases handled in Milan, the defense focuses on demonstrating that, with a correct presentation of the risks, the patient would likely have opted for conservative therapies or would have refused the procedure. This analytical and results-oriented work method allows for the construction of a solid claim for compensation, both in pre-litigation phases and in any potential litigation.

Frequently Asked Questions

I signed a form before the operation, can I still claim compensation?

Yes, signing a form does not automatically exclude the right to compensation. Case law clarifies that consent must be real and informed. If the form was generic, incomplete, or if oral explanations were absent or rushed, the signature may not have legally exculpatory value for the doctor. An expert lawyer in compensation for damages will assess whether the information received was indeed sufficient to allow you to make an informed choice.

The surgery was technically successful, but I suffered unexpected consequences. Am I entitled to compensation?

It is possible. Even if the surgery was performed according to best practices, if you have suffered negative or disabling consequences that you were not informed about and that, if known, would have led you to refuse the operation, your right to self-determination has been violated. In these cases, compensation covers the prejudice suffered for not being able to decide freely about your own health.

How much time do I have to take legal action for lack of informed consent?

Generally, the liability of the healthcare facility and the doctor is contractual (or social contract-based), which provides for a statute of limitations of ten years from the moment the damage manifested itself and was perceived as a consequence of the medical treatment. However, it is always advisable to act promptly to facilitate the retrieval of evidence and medical records.

How is compensation for violation of informed consent calculated?

The calculation is complex and depends on the nature of the prejudice. Both biological damage (injury to psychophysical integrity) and moral damage arising from inner suffering and the violation of the freedom of choice are assessed. Avv. Marco Bianucci, thanks to his experience in this matter in Milan, uses precise medico-legal parameters to correctly quantify the amount to be claimed from the opposing party.

Request an Evaluation of Your Case

If you believe you have suffered damage due to deficient or non-existent informed consent, it is essential to act with the support of a qualified professional. Avv. Marco Bianucci is available to examine your medical documentation and assess the feasibility of a claim for compensation. The firm receives clients at its Milan office at via Alberto da Giussano, 26. Contact Avv. Marco Bianucci for an evaluation of your case and to protect your rights in civil proceedings.