Embarking on a Medically Assisted Reproduction (MAR) journey is a choice that requires courage, hope, and a significant emotional and financial investment. When this delicate process is compromised by negligence, lack of skill, or imprudence on the part of the healthcare facility or the professionals involved, the pain of not becoming a parent or the complications that arise is compounded by a profound sense of injustice. As an expert lawyer in compensation for damages in Milan, I understand how devastating it is to discover that the failure of a fertilization technique or a health damage resulted from an avoidable error.

Medical Liability in MAR: The Regulatory Framework

Medical liability within the scope of assisted reproduction falls within the broader context of healthcare liability, but it presents unique peculiarities related to the nature of the protected interest: the unborn life and the right to parenthood. Italian jurisprudence recognizes that the relationship between the couple and the healthcare facility is contractual in nature. This means that the clinic has the obligation not only to provide the medical service but also to guarantee the integrity of the genetic material and the correct execution of laboratory procedures.

The errors that can occur are numerous and of varying severity. These range from incorrect pre-implantation diagnosis, which can lead to the birth of children affected by serious undetected genetic pathologies, to the exchange of embryos (the so-called 'tube swap'), up to the loss or deterioration of gametes or embryos due to technical failures or negligence in storage. In these cases, the compensable damage is not only financial, related to the costs incurred, but above all non-financial. We speak of biological damage, if there is an injury to the psychophysical integrity of the woman or the unborn child, and moral damage for the inner suffering endured. Furthermore, the concept of loss of chance is relevant, meaning the deprivation of the concrete possibility of becoming parents due to medical error.

The Approach of Studio Legale Bianucci to Medical Malpractice Cases in MAR

Addressing litigation related to assisted reproduction requires particular sensitivity and specific technical expertise. The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a rigorous analysis of the clinical documentation and the procedures followed by the healthcare facility. We do not limit ourselves to assessing the evident damage but investigate thoroughly to reconstruct the causal link between the conduct of the healthcare professionals and the harmful event.

The strategy of Studio Legale Bianucci involves close collaboration with trusted forensic doctors and specialists in gynecology and genetics. This allows us to prepare solid forensic medical reports, essential for proving the facility's liability and correctly quantifying the damage suffered by the couple. Our goal is to obtain the maximum possible compensation to alleviate, as far as possible, the consequences of an error that touches the most intimate sphere of a person. Whether it is a case of embryo mix-up or improper storage, we work with determination to assert the rights of future parents, prioritizing out-of-court settlements where possible to ensure faster timelines, but remaining ready to defend our clients' interests in court with the utmost firmness.

Frequently Asked Questions

What happens in case of embryo mix-up during MAR?

Embryo mix-up is one of the most serious errors that can occur in assisted reproduction. In this scenario, the couple is entitled to compensation for the severe moral and psychological damage suffered, arising from the violation of the right to genetic identity and biological parenthood. Jurisprudence tends to recognize high compensation amounts given the irreversible and profound nature of the damage.

Can I claim damages if the fertilization technique fails due to medical error?

Yes, if it can be proven that the failure of the procedure is not due to natural or physiological causes, but to a technical, procedural, or diagnostic error by the healthcare personnel (e.g., errors in the laboratory phase or in embryo transfer). In these cases, an expert lawyer in compensation for damages will assess the existence of liability for loss of chance.

What are the time limits for claiming compensation for medical malpractice?

The right to compensation for damages arising from contractual medical liability generally prescribes ten years from the moment the damage manifested and was perceived as a consequence of the medical intervention. However, it is crucial to act promptly to gather all necessary evidence and not compromise the outcome of the legal action.

Is the failure to diagnose fetal malformations in MAR compensable?

Absolutely. If the facility does not correctly perform the agreed-upon pre-implantation genetic screenings or fails to diagnose detectable pathologies, thereby depriving the couple of the possibility of making an informed choice, medical liability is established. Compensation can cover both the moral damages of the parents and the necessary expenses for the care and treatment of the child affected by the pathology.

Request a Case Evaluation

If you believe you have been a victim of medical error during an assisted reproduction journey, it is essential to seek a professional who can listen to your story with respect and expertise. Contact Avv. Marco Bianucci for a preliminary evaluation of your case at his Milan office. We will analyze the situation together to determine if there are grounds for effective compensation action.