Receiving a notice of investigation or discovering you are under investigation for alleged medical malpractice represents one of the most critical and stressful moments in a healthcare professional's career. The psychological pressure, combined with the fear of repercussions on one's reputation and professional license, requires prompt and highly qualified intervention. In such circumstances, it is crucial to rely on a technical defense capable of analyzing every single clinical and legal detail. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the delicacy of these situations, offering solid legal support aimed at the complete protection of the doctor or healthcare professional involved.

The Regulatory Framework of Criminal Medical Liability

In the Italian legal system, the criminal liability of healthcare professionals is an extremely complex area, profoundly reformed in recent years by the Gelli-Bianco Law. When a patient suffers injuries or, in the worst case, death as a result of medical treatment, the Public Prosecutor's Office may initiate investigations for negligent personal injury or manslaughter. The objective of the investigations is to ascertain whether there was negligence, recklessness, or lack of skill on the part of the doctor.

A central aspect of criminal defense concerns the correct application of guidelines and good clinical-assistance practices. Current regulations provide for specific grounds for non-punishability when the professional, despite having caused an adverse event due to lack of skill, has complied with the recommendations provided by the guidelines appropriate to the specific case. Demonstrating this is essential to exclude criminal culpability.

Furthermore, the establishment of the causal link plays a decisive role. In criminal proceedings, it is necessary to prove beyond a reasonable doubt that the doctor's action or omission was the direct and exclusive cause of the damage suffered by the patient. This requires rigorous analysis and the use of the highest level of technical-scientific expertise to counter any unfounded accusations.

The Approach of the Bianucci Law Firm

Facing an accusation of medical malpractice in criminal proceedings requires much more than a simple knowledge of the codes. The approach of Avv. Marco Bianucci, a lawyer specializing in criminal law in Milan, is based on a meticulous and multidisciplinary examination of the case. From the very first engagement, the firm actively works to acquire and thoroughly study all clinical documentation, medical records, and surgical reports.

Aware that medicine is not an exact science, Avv. Marco Bianucci constantly collaborates with party-appointed technical consultants, including forensic doctors and specialists in the specific medical branch involved. This synergy is fundamental for preparing robust defense reports, capable of dismantling the prosecution's arguments and demonstrating the correctness of the healthcare professional's actions or the absence of a causal link between the conduct and the adverse event.

Each defense strategy is tailor-made, taking into account the peculiarities of the individual clinical situation and the professional's needs. The Bianucci Law Firm guarantees constant assistance at every stage of the proceedings, from preliminary investigations to the eventual trial, always maintaining transparent and reassuring communication with the client, to allow them to face the legal process with the utmost peace of mind.

Frequently Asked Questions

What should I do if I receive a notice of investigation for alleged medical malpractice?

The first fundamental rule is to remain calm and not make any statements without the presence of your defense counsel. It is essential to immediately contact a lawyer to appoint a trusted defender. Subsequently, it will be necessary to gather all the clinical documentation in your possession and, together with the lawyer and technical consultants, reconstruct the chronology of events to establish a solid defense line from the outset.

What are the risks if convicted of criminal medical negligence?

The consequences vary depending on the crime charged. In cases of negligent personal injury or manslaughter, the criminal code provides for prison sentences, which, however, can often be suspended or converted into alternative measures, depending on the severity of the act and the defendant's record. In addition to criminal sanctions, there is the risk of disciplinary consequences from the Medical Association and civil claims for damages. A careful defense aims to avert or minimize all these risks.

Is a medical expert report always necessary in criminal proceedings?

Yes, in medical liability proceedings, technical consultation is indispensable. The Judge and the Public Prosecutor do not possess the medical expertise to assess the correctness of a procedure or a diagnosis. Therefore, they rely on experts. For the defense, appointing its own party-appointed technical consultants is crucial to be able to engage on equal terms with the prosecution's experts, contest any evaluation errors, and demonstrate the validity of the healthcare professional's work.

Request a Legal Consultation in Milan

Facing criminal proceedings for medical liability requires promptness and an impeccable defense strategy. Leave nothing to chance when your career and freedom are at stake. Contact Avv. Marco Bianucci to schedule an initial consultation at the office located at via Alberto da Giussano, 26 in Milan. During the meeting, we will analyze your situation with the utmost confidentiality to identify the most effective legal path to protect your rights and your professionalism.