Dental Damage: When a Smile Becomes a Legal Problem

Entrusting a dentist to improve one's smile with prosthetics or veneers, only to end up with aesthetic or functional damage, is a traumatic experience that affects not only physical health but also one's psychological and relational well-being. As an attorney specializing in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the resulting distress. This is not merely about a poorly executed job, but a breach of trust placed in the healthcare professional and a prejudice that deserves adequate compensatory protection.

When a prosthetic rehabilitation fails or the application of aesthetic veneers causes evident disfigurement, pain, or chewing problems, we are facing potential medical malpractice. Italian law protects patients who have suffered damage due to the dentist's lack of skill, negligence, or imprudence, providing for the right to compensation for both expenses incurred (and to be incurred to remedy the error) and for the biological and existential damage suffered.

Professional Liability in Dental Aesthetic Damage

In the field of aesthetic dentistry, such as the application of high-precision veneers or prosthetics, patient expectations are legitimately high. Although in medicine we often speak of an "obligation of means" (the doctor must do their best) and not of "result," recent jurisprudence tends to evaluate aesthetic or routine prosthetic interventions with greater severity. If the result is a worsening or does not conform to agreed standards, contractual or non-contractual liability is established.

The compensable damage in these cases is complex and multifaceted. It includes pecuniary damage, meaning the refund of amounts paid and the cost of corrective treatments by another specialist, and non-pecuniary damage. The latter includes biological damage (injury to psychophysical integrity), moral damage (inner suffering), and, a crucial aspect in this field, aesthetic damage, which assesses the negative impact on a person's external appearance and their social life.

The Approach of Studio Legale Bianucci in Milan

Avv. Marco Bianucci, an attorney specializing in medical liability and compensation for damages in Milan, handles cases of dental malpractice with a rigorous and analytical method. The firm's strategy is not based on indiscriminate legal actions, but on a thorough preliminary assessment of the causal link between the dentist's actions and the damage complained of by the client.

Collaboration with forensic medical doctors and specialists in forensic dentistry is the cornerstone of Studio Legale Bianucci's approach. Before proceeding with any formal claim, a medico-legal expert report is prepared that precisely quantifies the biological and aesthetic damage and analyzes the medical records to identify the technical error (e.g., incorrect prosthesis design, substandard materials, excessive filing of healthy teeth). This technical-legal approach allows for sitting at the negotiating table with insurance companies or presenting in court with solid arguments, maximizing the chances of obtaining fair compensation for the client.

Frequently Asked Questions

Can I claim compensation if the veneers detach or have a different color than agreed upon?

Yes, you can. If the prosthetic work does not meet the promised aesthetic and functional standards or if it presents structural defects such as frequent detachment, this constitutes a breach of contract. It is essential to document the condition of the teeth and keep all clinical and fiscal documentation to allow for an accurate legal assessment.

Who is responsible for the damage, the dentist or the dental technician who created the prosthesis?

Towards the patient, the primary responsible party is always the dentist. They are the doctor who has direct contact with the patient, takes the impressions, and applies the prosthetic. If the error is attributable to the dental laboratory, the dentist will then seek recourse against them, but the patient must direct their claim for damages to the healthcare professional or the facility that performed the service.

How much time do I have to take legal action against the dentist?

For contractual liability, the statute of limitations is ten years from the moment the damage manifested and was perceived as a consequence of the dental procedure. However, it is always advisable to act promptly. Swift action facilitates the collection of evidence and the medico-legal assessment of the situation before it changes further.

What happens if the dentist refuses to admit the error?

In case of denial of liability, Avv. Marco Bianucci initiates the preliminary technical assessment procedure (ATP) for the purpose of dispute resolution (art. 696 bis c.p.c.). This procedure involves the appointment of an impartial expert by the Court who will assess the doctor's work. Often, in the face of a negative expert report, insurance companies are inclined to settle the claim before proceeding to an ordinary lawsuit.

Request an Assessment of Your Case

If you have suffered damage due to defective dental prosthetics or poorly placed aesthetic veneers, do not let time pass and compromise your rights. Contact Avv. Marco Bianucci for a preliminary assessment of your situation. Studio Legale Bianucci welcomes you at its Milan office, located at Via Alberto da Giussano 26, to analyze together the best path to obtain the compensation you are entitled to and restore your peace of mind in smiling.