Obtaining Justice for Infected Blood Damages
Contracting a serious illness such as Hepatitis C (HCV) or HIV as a result of a blood transfusion or administration of blood products is a dramatic event that irrevocably marks the life of the person and their family. If this has happened to you or a loved one, it is crucial to know that the Italian State has acknowledged its responsibility for failing to guarantee adequate controls, providing specific protection mechanisms. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists victims of this tragic negligence and their heirs, with the aim of asserting their rights and obtaining fair compensation for the prejudice suffered.
The Regulatory Framework: Difference Between Indemnity and Compensation
Protection for individuals harmed by infected transfusions is structured on two distinct but complementary paths. The first is indemnity, provided for by Law no. 210 of 1992. This is a form of financial support, a sort of 'welfare benefit', that the State provides to those who have suffered health damage due to mandatory vaccinations, transfusions, or administration of blood products. However, indemnity does not cover the full extent of the damage suffered by the victim.
The second, and more comprehensive, protection mechanism is damages compensation. This is based on the civil liability of the Ministry of Health, as established by now consolidated case law. Unlike indemnity, compensation aims to fully restore all prejudices suffered: not only biological damage (injury to psychophysical integrity), but also moral damage (inner suffering), existential damage (disruption of life habits), and patrimonial damages, such as medical expenses incurred and loss of earning capacity.
The Bianucci Law Firm's Approach
The approach of Avv. Marco Bianucci, a lawyer with extensive experience in damages compensation in Milan, is based on meticulous analysis and a personalized strategy. The first step involves a thorough evaluation of medical and health documentation to reconstruct the clinical history and, above all, to demonstrate the causal link between the transfusion and the infection contracted. This step is crucial and requires the utmost precision.
Subsequently, the Bianucci Law Firm defines the best strategy to protect your rights. This includes managing the claim for the indemnity provided by Law 210/92, but focuses primarily on legal action aimed at obtaining full compensation for damages from the Ministry of Health. Assistance is also extended to the victim's heirs, who can act both for damages suffered personally (damage from loss of parental relationship) and for those suffered by their relative and transmitted to them by inheritance. The goal is to ensure that every aspect of the damage is recognized and quantified correctly, to provide compensation that is truly just and equitable.
Frequently Asked Questions
Who is entitled to indemnity and compensation for infected blood?
All those who have contracted HIV or Hepatitis (B or C) infections as a result of blood transfusions and administration of blood products are entitled. The right also extends to the heirs of the deceased person, who can act to obtain both compensation for the damage suffered by the relative and compensation for the pain resulting from their loss.
What is the difference between indemnity and damages compensation?
Indemnity (Law 210/92) is an economic welfare measure, paid by the State regardless of a fault assessment. Damages compensation, on the other hand, is a sum awarded to fully restore all damages (biological, moral, existential, patrimonial) suffered due to the established liability of the Ministry of Health for failure to supervise and control blood and blood products.
How long do I have to take legal action?
The statute of limitations is complex and has been the subject of numerous judicial interventions. Generally, the time limit for claiming damages begins to run not from the moment of contagion, but from when the victim became fully aware of the illness and its link to the transfusion. Given the specificity of the matter, it is essential to consult a lawyer as soon as possible to avoid the risk of losing your rights.
Can heirs also claim compensation?
Yes. Heirs can act to obtain compensation for damages suffered by their relative, which become part of the inheritance. Furthermore, they can claim compensation for damages suffered personally due to the loss of the parental relationship, an autonomous right that belongs to them as close family members of the victim.
Request a Case Evaluation
We understand that undertaking a legal process in such a delicate situation may seem complex and burdensome. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26, offers comprehensive support to guide you through every stage of the process, from document collection to legal action. The goal is to relieve you of all bureaucratic concerns, allowing you to focus on your peace of mind. Contact Avv. Marco Bianucci for a preliminary evaluation and to understand how an expert lawyer in damages compensation can effectively protect your rights and those of your loved ones.