Undergoing dental implant surgery is an important step to recover chewing function and the aesthetics of your smile. Unfortunately, when the procedure is not performed correctly, the consequences can be severe and disabling. Dealing with a faulty dental implant that has caused permanent damage, such as nerve damage or severe bone loss, generates not only physical pain but also deep distress. In these delicate situations, the intervention of a qualified professional becomes essential. As an expert lawyer in damages compensation in Milan, lawyer Marco Bianucci deeply understands the repercussions that dental malpractice can have on a patient's daily and relational life.
The Regulatory Framework for Dental Medical Liability
In our legal system, the liability of a dentist falls within the broad scope of healthcare liability. When a patient entrusts themselves to a dental practice, a genuine contract is established. The professional is obliged to perform the service with the utmost diligence, prudence, and expertise, following clinical guidelines and best practices. If during the insertion of a dental implant a technical error occurs, a failure to perform a preliminary anatomical assessment, or an infection that is not managed correctly, and this results in permanent damage, the conditions are met to claim compensation.
It is important to emphasize that permanent damage in dentistry is not limited to the mere loss of the implant. We are often talking about much more serious consequences, such as damage to the inferior alveolar nerve causing paresthesia or loss of sensation in the lip and chin, or severe compromise of the maxillary or mandibular bone that makes future rehabilitative interventions impossible. Furthermore, the lack of adequate informed consent, where the patient is previously informed of the specific risks of implant surgery, constitutes a further and independent ground for liability on the part of the dentist.
The Approach of the Bianucci Law Firm
Addressing a dispute for dental malpractice requires methodological rigor and specific expertise. The approach of lawyer Marco Bianucci, as an expert lawyer in damages compensation in Milan, is based on a meticulous and multidisciplinary analysis of each individual case. The first fundamental step consists of acquiring and thoroughly studying all clinical documentation, including pre- and post-operative X-rays, the medical record, and signed estimates.
Since the matter requires complex technical assessments, the Bianucci Law Firm collaborates continuously with highly reliable forensic medical examiners and forensic dentists. This teamwork allows for the precise ascertainment of the causal link between the dentist's actions and the permanent damage suffered by the patient, correctly quantifying both biological damage and future medical expenses necessary to remedy the error. The primary objective is always to seek a rapid and satisfactory out-of-court settlement through mediation tools, protecting the patient from the stress of a long trial, but maintaining maximum readiness to take legal action if the other party is not cooperative.
Frequently Asked Questions
What are the most common permanent damages after a faulty dental implant?
The most frequent permanent damages include injuries to facial nerves, particularly the inferior alveolar or lingual nerve, which can cause chronic tingling, neuropathic pain, or permanent numbness (paresthesia). Equally serious is massive bone loss, often due to untreated peri-implantitis or bone necrosis, which compromises the stability of adjacent teeth and makes the subsequent placement of new prostheses extremely complex. In addition to these physical damages, aesthetic damage and the consequent psychological and relational damage are almost always present.
How long do I have to claim compensation from the dentist?
The statute of limitations for taking action against the healthcare facility or the doctor depends on the nature of the liability. Generally, as it is contractual liability towards the clinic or the privately chosen professional, the term is ten years. This period runs not necessarily from the day of the surgery, but from the moment the patient objectively perceived, or should have perceived using ordinary diligence, that the damage suffered is a consequence of medical error. However, it is always advisable to act promptly to avoid losing essential documentary evidence.
What documents are needed to initiate a compensation claim?
To initiate a compensation action, it is essential to gather the entire medical history. Accepted estimates, the signed informed consent form, panoramic X-rays, and CT scans taken before, during, and after the implant treatment are required. Furthermore, it is crucial to keep payment receipts, drug prescriptions, and any written communication exchanged with the dental practice. All this documentation will form the basis on which the medical expert will draw up the party's expert report.
Is it always necessary to go to court against the dentist?
No, it is not always necessary to face a civil lawsuit in court. Italian law provides for mandatory preliminary conciliation attempts in matters of medical liability, such as Preventive Technical Assessment or civil mediation. Often, faced with a solid and irrefutable medical-legal expert report presented by an expert lawyer in damages compensation, the insurance companies of doctors and clinics prefer to reach a settlement agreement to avoid the delays and costs of ordinary litigation.
Protect Your Rights: Book a Legal Consultation
If you believe you have suffered stable injuries or severe bone loss due to an implant procedure that was not performed to the highest standards, do not hesitate to seek protection. Understanding the true extent of the damage and the chances of success of legal action is the first fundamental step to obtaining justice. Contact lawyer Marco Bianucci at the office located at via Alberto da Giussano, 26 in Milan for a careful and confidential evaluation of your clinical and legal situation.
The costs of legal proceedings for medical liability depend on numerous factors specific to each individual case, such as the complexity of the technical assessments required, the severity of the injuries, and the stage at which any agreement is reached. During the initial consultation, lawyer Marco Bianucci will examine the documents you possess, clearly and transparently outlining the procedure to follow, the most suitable strategies for your specific case, and the expected financial commitment. Reclaim your health and your peace of mind by entrusting yourself to a dedicated and professional legal consultation.