Undergoing plastic or aesthetic surgery often represents the desire to improve one's appearance and, consequently, one's psychological well-being. However, when the outcome of the operation results in disfiguring scars or unforeseen aesthetic damage, the emotional and physical trauma can be profound. In these delicate moments, understanding your rights is the first step towards obtaining justice. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci perfectly understands the frustration and sense of powerlessness that arise from a poorly executed procedure, offering targeted and informed legal support.
The Regulatory Framework: Plastic Surgeon's Liability
In the Italian legal landscape, plastic and aesthetic surgery is subject to medical liability regulations, but with some crucial specifics. Unlike other surgical procedures aimed exclusively at treating a pathology, aesthetic surgery's primary objective is to improve physical appearance. This implies that the doctor undertakes an obligation which, although formally an obligation of means, requires the highest level of attention and expertise, especially when pre-operative promises were specific regarding the aesthetic result.
For a right to compensation to be established, it is necessary to demonstrate that abnormal scars, asymmetries, or aesthetic damage are the direct consequence of a medical error. This error can consist of inadequate surgical technique, deficient post-operative care, or, crucially, a failure to inform. Informed consent, in fact, must be detailed and include all possible risks, including those related to poor scarring, allowing the patient to make a fully informed choice before entering the operating room.
The Bianucci Law Firm's Approach
Addressing a dispute for aesthetic surgery damages requires great sensitivity and profound technical expertise. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a rigorous and personalized analysis of each individual case. The Bianucci Law Firm leaves nothing to chance, proceeding with meticulous collection of clinical documentation, medical records, and pre- and post-operative photographic evidence.
A central element of the firm's strategy is close collaboration with reliable forensic doctors and plastic surgery specialists. This synergy is essential for drafting irrefutable medico-legal expert reports capable of demonstrating the causal link between the surgeon's actions and the aesthetic and psychological damage suffered by the patient. The goal of Avv. Marco Bianucci is to protect the client at every stage, prioritizing, where possible, an out-of-court settlement to reduce time and stress, but preparing with the utmost rigor for any potential litigation in court should the other party not be cooperative.
Frequently Asked Questions
How long do I have to claim compensation for aesthetic surgery damage?
According to current Italian law, the statute of limitations for taking action against the healthcare facility or the doctor varies depending on the nature of the liability. Generally, a ten-year period applies if it concerns the contractual liability of the facility, which runs from the moment the damage manifests in an objectively perceptible and recognizable manner. However, it is advisable to act promptly to facilitate the collection of clinical evidence.
Can I claim damages if I signed the informed consent form before the surgery?
Absolutely yes. Signing the informed consent form does not absolve the doctor of their responsibilities in case of surgical error or negligence in performing the procedure. Furthermore, if the document signed was generic, incomplete, or did not clearly explain the specific risk of disfiguring scarring that subsequently occurred, the consent itself could be considered invalid, constituting an additional basis for a compensation claim for violation of the right to self-determination.
What does compensation include in these cases?
Compensation aims to fully indemnify the patient for the damages suffered. It includes biological damage, which covers damage to psycho-physical integrity and actual aesthetic damage. Added to this are moral damages, for the inner suffering and distress experienced, and patrimonial damage, which covers medical expenses already incurred, those necessary for future corrective procedures, and any economic losses resulting from the inability to work due to the damage or subsequent hospitalizations.
Protect Your Rights: Book a Consultation
Living with the consequences of a failed cosmetic surgery is a burden you do not have to carry alone. If you believe you have suffered damage due to disfiguring scars or medical errors, it is crucial to evaluate the situation with a qualified professional. The costs and timelines of legal proceedings depend on numerous factors specific to each case, such as the need for complex medical expert reports, the severity of the damage, and the attitude of the opposing party. During the initial consultation, Avv. Marco Bianucci will carefully analyze your documentation and provide you with a clear and transparent overview of the possible strategies to pursue and the estimated costs. Contact the Bianucci Law Firm at its Milan office at Via Alberto da Giussano, 26, to schedule a meeting and begin the process of obtaining the compensation you are entitled to.