The Discovery of a Fake Doctor: Between Emotional Shock and Physical Consequences

Entrusting one's health to a professional is an act of fundamental trust. Discovering later that the person who performed a procedure or prescribed a therapy did not possess the necessary qualifications is a traumatic experience, generating not only a profound sense of betrayal but often also serious physical consequences. When you find yourself a victim of a fake doctor, the priority is to immediately understand how to protect yourself both criminally and civilly. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci understands the delicacy of these situations, where damage to health is compounded by the fraud suffered.

It's not just about having paid for an unqualified service, but about having exposed your body to incalculable risks. The absence of a medical degree or the necessary specialization implies a lack of basic skills to manage not only the procedure itself but also potential complications or emergencies. Italian law is strict in these cases, providing specific protections for those who have suffered injuries or damages from individuals who illegally practice the healthcare profession.

The Regulatory Framework: Unlawful Practice and Civil Liability

The conduct of someone posing as a doctor first constitutes the crime of unlawful practice of a profession, provided for and punished by Article 348 of the Italian Criminal Code. This provision protects the public interest that certain activities, crucial for the community such as healthcare, are carried out exclusively by individuals possessing specific state authorization. However, for the victim, the most relevant aspect often concerns civil consequences and the right to compensation for damages suffered.

From a civil law perspective, anyone who has suffered damage from a fake doctor is entitled to full compensation. This includes biological damage (injury to psychophysical integrity), moral damage (the inner suffering caused by the crime and the injury), and patrimonial damage (expenses incurred for "fake" treatments, expenses for necessary corrective treatments, and lost earnings). It is crucial to emphasize that if the unlawful activity was carried out within a healthcare facility (private clinic, outpatient clinic, hospital), the facility itself may also be held liable for culpa in vigilando, meaning for failing to adequately supervise the qualifications of its staff. This aspect is crucial to ensure the victim has greater solvency in receiving compensation.

The Approach of the Bianucci Law Firm in Cases of Healthcare Abuse

Avv. Marco Bianucci, operating as an expert lawyer in damages compensation in Milan, handles cases of healthcare abuse with a rigorous and multidisciplinary strategy. The complexity of these situations requires action on two parallel fronts: the criminal one, for the ascertainment of the crime, and the civil one, for the quantification and settlement of damages.

The first step of the Bianucci Law Firm involves a thorough analysis of the available documentation and a factual reconstruction of events. Avv. Marco Bianucci collaborates with trusted forensic medical experts to ascertain the causal link between the fake professional's actions and the damage suffered by the client. It is not enough to prove that the individual was not a doctor; it is necessary to prove that their actions caused a deterioration of health or a failure to recover. The goal is to build a solid evidentiary dossier that can be used both for establishing a civil claim in criminal proceedings and for a potential independent civil action or an out-of-court settlement with insurance companies or involved facilities.

The experience gained allows the firm to identify all recoverable damage categories, including those often overlooked such as existential damage arising from the shock of having been subjected to such a serious deception. The approach is always personalized: each story is different and deserves a tailored defense strategy, aimed at achieving concrete justice and fair compensation for the wrong suffered.

Frequently Asked Questions

How can I verify if the doctor who treated me is real or fake?

To be certain that a professional is duly qualified, you can consult the online register of the FNOMCeO (National Federation of Orders of Doctors, Surgeons, and Dentists). A name search allows you to verify registration with the order, the graduation date, and any specialization. If the name does not appear, it is essential to contact an expert lawyer in damages compensation to evaluate the actions to be taken and report the incident to the competent authorities.

If the fake doctor has no money, who will compensate me?

This is one of the main concerns. If the fake doctor was operating within a healthcare facility (associated practice, clinic, outpatient clinic), Avv. Marco Bianucci will assess the possibility of involving the facility itself. Healthcare facilities have an obligation to verify the qualifications of their collaborators and are responsible for their actions. Furthermore, the existence of any insurance coverage for the facility that can cover the damage will be verified, despite the fraudulent act of the individual operator.

What types of damages can I claim?

In these cases, compensation can be claimed for various types of damages. Patrimonial damage covers the refund of sums paid to the fake doctor and expenses for necessary treatments to remedy the errors committed. Non-patrimonial damage includes biological damage (temporary or permanent disability), moral damage (subjective suffering from being a victim of a crime), and existential damage, related to the disruption of life habits caused by the incident.

Is there a time limit to report and claim damages?

Yes, there are statutes of limitations. For the crime of unlawful practice of a profession and for personal injury, the time limits vary depending on the severity of the crime. For civil action for damages, the term is generally five years from the moment the damage manifested and was attributable to the illicit conduct, or ten years if proceeding against the healthcare facility for contractual liability. It is essential to act promptly by contacting a lawyer to avoid losing the right to compensation.

Request an Assessment of Your Case

If you suspect you have been a victim of a fake doctor or have suffered damages following a procedure performed by unqualified personnel, do not let time pass. The protection of your health and your rights requires decisive and competent legal action. Avv. Marco Bianucci is at your disposal at his office in Milan, located at Via Alberto da Giussano 26, to examine your situation with the utmost confidentiality and professionalism. Contact us today to understand how we can help you obtain fair compensation.