Medical Liability in Aesthetic Surgery
Dealing with the consequences of a failed aesthetic surgery is an experience that goes far beyond simple physical discomfort. Often, those who turn to a plastic surgeon do so to improve their psychophysical well-being, and finding oneself facing disfiguring scar outcomes or results far from those agreed upon can generate profound emotional suffering. In Italy, current legislation protects patients who are victims of medical malpractice, framing the healthcare professional's liability within specific legal parameters, recently reformed by the Gelli-Bianco Law. It is fundamental to understand that, in the field of aesthetic surgery, the doctor's obligation takes on particular characteristics, often approaching an obligation of result rather than merely of means, especially for routine or low-risk procedures.
The right to compensation arises when a causal link is demonstrated between the doctor's conduct (lack of skill, negligence, or imprudence) and the damage suffered by the patient. This damage is not limited to physical injury alone, such as obvious asymmetry or unforeseen keloid scars, but also extends to so-called biological damage of a psychological nature and moral damage. A crucial aspect in this sector is informed consent. The surgeon has a strict obligation to inform the patient completely and understandably about the real risks, possible complications, and the results that can realistically be achieved. The lack of proper information, even in the presence of a technically correct procedure, can in itself constitute a source of compensatory liability if the patient proves that, had they known the risks, they would not have undergone the operation.
The Bianucci Law Firm's Approach to Aesthetic Medical Malpractice Cases
The Bianucci Law Firm approaches cases of medical liability in the aesthetic field with a rigorous and analytical method. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci is aware that each clinical history requires in-depth evaluation that cannot disregard technical-scientific support. For this reason, the firm works closely with forensic doctors and plastic surgery specialists of proven competence, who are essential for ascertaining the actual existence of medical malpractice and correctly quantifying the extent of the damage suffered.
The objective of Avv. Marco Bianucci, an expert lawyer in medical malpractice in Milan, is to build a solid defense strategy based on irrefutable documentary evidence. The preliminary analysis focuses on verifying the medical records and evaluating informed consent, often a weak point in the defenses of healthcare facilities. The approach is never aimed at fueling reckless litigation, but at obtaining fair compensation for the client through firm negotiation with insurance companies or, if necessary, through legal action. The priority is always to relieve the client from the bureaucratic burden and stress of managing the claim, ensuring legal assistance that combines technical expertise with necessary human sensitivity.
Frequently Asked Questions
Can I claim compensation if I don't like the aesthetic result?
Mere subjective dissatisfaction with the aesthetic result is usually not sufficient to obtain compensation. However, if the result deviates significantly and objectively from what was agreed upon or from the standards of medical science, or if there is a worsening of the pre-existing condition (iatrogenic damage), medical liability may be established. An expert lawyer in damages compensation can assess, with the help of a forensic doctor, whether there are legal grounds to proceed.
How much time do I have to take legal action against the surgeon?
The statute of limitations varies depending on whether the liability is classified as contractual or non-contractual. Generally, for contractual liability (which concerns the relationship with the healthcare facility or the freelance doctor with whom a contract was entered into), the term is ten years from the moment the damage manifested and was perceived as a consequence of the procedure. However, it is crucial not to delay and to consult a lawyer promptly to avoid losing useful evidentiary elements.
What role does informed consent play in a damages claim?
Informed consent is central to aesthetic surgery. If the doctor has not clearly explained specific risks, such as the possibility of visible scars or asymmetries, and these events occur, the patient may be entitled to compensation for the violation of the right to self-determination. This also applies if the procedure was technically performed correctly, as the patient was not placed in a position to consciously choose whether or not to accept those risks.
How is the economic damage calculated for a botched procedure?
Compensation includes various types of damages. Biological damage (injury to psychophysical integrity), moral damage (inner suffering), and patrimonial damage are considered. The latter includes expenses incurred for the erroneous procedure, costs for any future corrective procedures, necessary therapies, and any loss of earnings due to the recovery period or work incapacity caused by the damage.
Request an Evaluation of Your Case
If you believe you have been a victim of medical malpractice in aesthetic surgery, it is essential to act with awareness and professional support. Avv. Marco Bianucci is available at the Milan office, located at Via Alberto da Giussano 26, to examine your documentation and provide an honest and transparent opinion on your options for action. Contact the firm to schedule a consultation and understand how to protect your rights.