Unwanted Consequences of Aesthetic Treatments: When Intervention Worsens Appearance
Aesthetic medicine, particularly through injectable treatments like hyaluronic acid fillers and botulinum toxin (Botox), has become widespread in recent years. While most of these procedures conclude successfully, the increase in demand has also led to a rise in cases of aesthetic medical malpractice. Patients turn to doctors to improve their appearance, but sometimes find themselves having to manage dramatic consequences such as tissue necrosis, granulomas, evident asymmetries, or severe infections. As a lawyer specializing in medical liability in Milan, Avv. Marco Bianucci deeply understands the emotional and psychological stress that accompanies these events: the damage is not only physical but affects a person's self-image and social life.
The Responsibility of the Aesthetic Doctor: The Regulatory Framework
In the Italian legal landscape, the responsibility of the aesthetic doctor is assessed with particular rigor. Unlike other branches of medicine, where the obligation is often one of means (doing one's best), in aesthetic medicine, jurisprudence tends to lean more towards an obligation of result, or at least requires an extremely high standard of information. The professional is obliged not only to perform the service to the highest standards, respecting accredited guidelines, but also to inform the patient in detail about specific risks, even the most remote ones. The lack of valid and complete informed consent constitutes a source of liability in itself. If a filler or Botox treatment causes damage due to lack of skill, negligence, or imprudence, the patient is entitled to compensation for biological damage (physical injury), moral damage (inner suffering), and material damage (expenses incurred for corrective treatments).
The Approach of Studio Legale Bianucci in Cases of Aesthetic Medical Malpractice
Addressing a case of error in aesthetic medicine requires a strategy that combines legal expertise and medico-legal knowledge. The approach of Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, always begins with a rigorous preliminary analysis of the medical documentation. The firm collaborates with trusted forensic doctors and specialists to ascertain the causal link between the treatment performed and the damage sustained. The aim is not merely to contest an unsatisfactory aesthetic outcome but to demonstrate technical error or lack of information. The primary objective is to obtain fair compensation for the client, prioritizing out-of-court dispute resolution when possible to ensure faster timelines, while remaining ready to defend the rights of the injured party in court with the utmost determination.
Frequently Asked Questions
Can I claim compensation if I don't like the result of a filler but there are no physical damages?
Mere subjective aesthetic dissatisfaction, if the procedure was performed correctly according to medical standards, generally does not entitle you to compensation. However, if the result is objectively worse than the starting situation or if the doctor promised a specific result that was not achieved, contractual liability may arise. It is crucial to assess whether there was proper pre-treatment information regarding the procedure's limitations.
What happens if the doctor did not have me sign the informed consent form before the Botox treatment?
Failure to obtain informed consent, or obtaining it in a generic and hasty manner, constitutes a serious violation of the doctor's duties. Even if the procedure was technically performed correctly, the violation of the patient's right to self-determination can entitle them to compensation, especially if the patient proves that, had they been properly informed of the risks, they would not have undergone the treatment that caused the damage.
What are the time limits for taking legal action against an aesthetic doctor in Milan?
The liability of a doctor operating in a private facility or as a freelance professional is typically contractual in nature. This means that the statute of limitations for claiming damages is ten years from the date the damage manifested or was perceived as a consequence of the treatment. However, it is always advisable to act promptly to facilitate the collection of evidence and documentation of the damage suffered.
How is compensation calculated for facial damage?
The calculation of compensation takes into account various factors. Biological damage quantifies the injury to psychophysical integrity according to medico-legal tables, which for the face may include an aggravation due to aesthetic damage. Moral damage for the suffering endured and existential damage if the injury has compromised daily habits or social life are then considered. Finally, medical expenses incurred and future expenses necessary to correct the damage are reimbursed.
Request an Assessment of Your Case in Milan
If you believe you have been a victim of medical error following treatments with fillers, Botox, or other aesthetic procedures, it is crucial not to act impulsively but to seek the help of a competent professional. Avv. Marco Bianucci is available to examine your situation with the seriousness and confidentiality that the case requires. Contact Studio Legale Bianucci at via Alberto da Giussano 26 in Milan to schedule an appointment and understand your real chances of obtaining compensation for the damage suffered.