Entrusting your dental care to a dentist requires trust, and when that trust is betrayed by a poorly executed procedure, the consequences can be devastating both physically and psychologically. An error during an implantology procedure or inadequate dental treatment not only causes pain and daily discomfort but often necessitates further complex corrective interventions. In these delicate situations, understanding your rights is the crucial first step. Lawyer Marco Bianucci, an expert in damages compensation in Milan, offers solid legal support to guide patients through the complex process of asserting their rights and obtaining fair compensation.
The Legal Framework: Dentist's Liability
Under Italian law, the liability of a dental surgeon falls within the broader scope of healthcare liability. The professional is obliged to perform services with diligence, prudence, and expertise, following clinical guidelines and best practices. When an error occurs, such as an incorrectly positioned implant, damage to a facial nerve, or a delayed diagnosis, a breach of contract is established. This means that the injured patient has the right to claim compensation not only for the biological damage suffered but also for the medical expenses incurred to rectify the error and for moral damages arising from the suffering endured.
It is important to emphasize that the law requires proof of a causal link between the professional's conduct and the damage suffered by the patient. It is not enough for the procedure to have failed to achieve the desired outcome; it is necessary to prove that the damage is a direct consequence of the dentist's error or negligent omission. For this reason, the preliminary medical-legal assessment phase is crucial for establishing a solid and well-documented compensation claim.
The Approach of the Bianucci Law Firm
Addressing a medical malpractice dispute requires not only legal expertise but also a deep understanding of clinical dynamics. The approach of lawyer Marco Bianucci, as an expert in damages compensation in Milan, focuses on a rigorous and personalized evaluation of each individual case. From the very first meeting, the goal is to listen carefully to the patient's story, analyze the available clinical documentation, and identify the most effective strategy to protect their interests in compliance with current legislation.
The Bianucci Law Firm constantly collaborates with highly reliable medical-legal experts and dentists to prepare irrefutable technical reports. This synergistic work allows for the precise quantification of all damages suffered, from financial losses to physical and psychological harm. The firm's priority is to seek, where possible, an out-of-court resolution through mediation or assisted negotiation, to ensure faster timelines and fewer sources of stress for the client. However, if a fair agreement cannot be reached with the insurance companies, the firm is fully prepared to pursue litigation in civil court with utmost determination.
Frequently Asked Questions
How long do I have to claim compensation for a dental error?
The statute of limitations for taking action against a dentist for contractual liability is generally ten years. This period begins to run not necessarily from the day the service was performed, but from the moment the patient had objective awareness that the damage suffered is attributable to a medical error. However, it is always advisable to act promptly to facilitate the collection of necessary evidence and clinical documentation.
What should I do if I realize a dental implant has failed?
The first thing to do is to immediately request a complete copy of your medical records from the professional or facility that performed the procedure. Subsequently, it is essential to be examined by another specialist to address the clinical emergency and document the current condition. Finally, it is advisable to contact an expert lawyer to evaluate, together with a medical-legal expert, whether the implant failure is due to negligence or lack of skill, thereby initiating the compensation claim.
Can I claim damages if the dentist did not inform me of the risks?
Yes, the lack of valid informed consent constitutes a violation of the patient's rights. The dentist has the obligation to clearly and understandably explain the risks, therapeutic alternatives, and possible complications of an implantology procedure. If the patient suffers damage that was not previously communicated, or if they can prove that they would have refused the procedure if adequately informed, they are entitled to compensation, regardless of the technical correctness of the procedure.
Request an Evaluation of Your Case
If you believe you have suffered damage due to a dental error or a poorly executed implantology procedure, do not hesitate to seek legal protection. The costs and timelines of legal proceedings depend on numerous specific factors, such as the severity of the damage, the need for expert reports, and the attitude of the opposing party, all of which must be carefully evaluated on a case-by-case basis. Contact lawyer Marco Bianucci at the Bianucci Law Firm in Milan at via Alberto da Giussano, 26. During an in-depth consultation, we will analyze your clinical and legal situation to provide you with a clear and transparent overview of the necessary commitment and the most appropriate strategies to pursue.