Legal Protection in Cases of Vision Impairment
Vision is one of our most precious senses, and suffering an eye injury following complex surgery represents a trauma not only physical but also psychological and existential. When a delicate operation, such as glaucoma surgery or a corneal transplant, does not yield the expected results or worsens the situation due to medical negligence, it is crucial to understand your rights. Avv. Marco Bianucci, as an expert lawyer in damages compensation in Milan, deeply understands the devastating impact these events have on the daily lives of patients and their families. The firm's objective is to offer solid and competent legal support to ascertain responsibilities and obtain fair compensation for the damage suffered.
Medical Liability in Specialized Ophthalmic Surgery
Ophthalmic surgery is not limited to routine procedures; there are highly complex interventions such as glaucoma surgery, corneal transplants (keratoplasty), or retinal surgery that carry high intrinsic risks. However, Italian law clearly distinguishes between an unpredictable complication and an avoidable medical error. Case law, supported by the Gelli-Bianco Law, establishes that the doctor is obliged to adhere to guidelines and good clinical-assistance practices. If damage to vision results from lack of skill, imprudence, or negligence during the surgery or in post-operative management, professional liability is established. It is essential to demonstrate the causal link between the surgeon's conduct and the worsening of the patient's visual condition.
The Approach of Studio Legale Bianucci in Milan
Addressing a medical malpractice case in ophthalmology requires specific technical expertise. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation for medical liability, is based on rigorous preliminary analysis. The firm collaborates with trusted medical examiners and ophthalmology specialists to assess whether the damage suffered (such as loss of vision, severe post-operative infections, or poorly managed transplant rejection) is attributable to a procedural error. The strategy is not aimed at frivolous lawsuits but at building an unassailable evidentiary file. Located in Milan at Via Alberto da Giussano 26, the firm prioritizes, where possible, mediation and out-of-court negotiation with the healthcare facilities' insurance companies, to ensure the client fair compensation within reasonable timeframes, resorting to court only when strictly necessary to protect the client's rights.
Frequently Asked Questions
What is the difference between a complication and a medical error in glaucoma surgery?
A complication is an adverse event that is foreseen and not always avoidable despite the correct execution of the surgery. A medical error, on the other hand, occurs when the surgeon does not follow guidelines or acts with negligence, imprudence, or lack of skill. If the worsening of glaucoma is due to an incorrect surgical technique or a failure in post-operative monitoring, it can be considered a compensable error.
Within what timeframe can I take action to claim damages?
Generally, the healthcare facility's liability is contractual, allowing the patient to take action within 10 years from the moment the damage manifested and was perceived as a consequence of the intervention. However, it is always advisable to consult a lawyer as soon as possible to avoid losing crucial documentary evidence.
What happens if the informed consent was not complete?
Informed consent is a fundamental act. If the patient was not adequately informed about the specific risks of a complex procedure like a corneal transplant, and damage occurs that, if known, might have led the patient to refuse the operation, there is a right to compensation for the violation of the right to self-determination, regardless of the technical correctness of the procedure itself.
How is vision damage quantified?
Compensation takes into account both biological damage (the physical injury and the percentage of permanent and temporary disability) and moral and existential damage (inner suffering and the worsening of the quality of life). In cases of vision impairment, the impact on the person's working capacity and daily autonomy is carefully assessed.
Request a Case Evaluation
If you believe you have been a victim of an error during complex ophthalmic surgery, do not let time pass. Contact Avv. Marco Bianucci for an in-depth and honest evaluation of your situation. Studio Legale Bianucci welcomes you at its Milan office to listen to your story and define together the best path to obtain justice.