The right to compensation for hospital-acquired infections

Undergoing hip or knee replacement surgery is a delicate process that requires trust in the chosen healthcare facility. However, when the post-operative course is complicated by the onset of an infection, the consequences for health and quality of life can be devastating. We deeply understand the state of concern and suffering that accompanies these situations, often caused by hygiene deficiencies or inadequate sterilization protocols. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists patients daily who find themselves having to manage the complications of a non-sterile operating room or negligent post-operative care.

The healthcare facility's liability and the burden of proof

In the Italian legal landscape, the liability of a healthcare facility for hospital-acquired infections (contracted in hospital) is contractual in nature. This aspect is fundamental for the patient's protection. According to established case law, it is not up to the patient to prove the specific negligence of the staff, but it is the healthcare facility's burden to prove that it has adopted all necessary and possible measures to prevent the infectious event. If the hospital fails to prove the absolute sterility of the operating room or the correctness of antibiotic prophylaxis procedures, the right to compensation arises. A lawyer with consolidated experience in medical malpractice cases knows how to analyze medical records to highlight these evidentiary shortcomings on the part of the hospital entity.

The Bianucci Law Firm's approach to prosthetic infection cases

The approach of Avv. Marco Bianucci, an expert lawyer in medical liability in Milan, is distinguished by a rigorous preliminary analysis. Each case of hip or knee prosthesis infection is evaluated with the support of trusted forensic doctors and infectious disease specialists. The objective is to establish with certainty the causal link between the surgery and the onset of the pathogen. The Bianucci Law Firm does not limit itself to sending a damages claim, but builds a solid defense strategy aimed at obtaining maximum compensation for the biological, moral, and existential damages suffered by the client. The priority is always to reach a swift and fair out-of-court settlement with insurance companies, resorting to judicial proceedings only when strictly necessary to protect the client's rights.

Frequently Asked Questions

How long do I have to claim compensation for a prosthetic infection?

Since the healthcare facility's liability is contractual, the statute of limitations is ten years. However, the period begins to run from the moment the patient becomes aware that the infection is attributable to a medical error or a deficiency of the facility, and not necessarily from the date of the surgery. It is nevertheless advisable to act promptly to facilitate the retrieval of clinical documentation.

How do you prove that the infection was contracted in the operating room?

Proof is often based on chronological criteria and the type of bacteria. If the infection symptoms manifest within a certain period after surgery and the isolated pathogen is typical of hospital environments (such as Staphylococcus aureus), a hospital-acquired origin is highly probable. It will be the healthcare facility's responsibility to prove otherwise, i.e., that it complied with all sterility protocols.

What damages are compensated in case of prosthesis infection?

Compensation includes various categories of damages. Firstly, biological damage, which is damage to psychophysical integrity (which may include the need for further revision surgeries or permanent functional limitations). Moral damages for inner suffering, temporary disability (days of illness), and medical expenses incurred or to be incurred are also compensated. In some cases, patrimonial damage for loss of earning capacity is also assessed.

What happens if I signed the informed consent?

Signing the informed consent does not exempt the hospital from its responsibilities in case of negligence or imprudence. Consent serves to inform the patient about the intrinsic risks of the surgery, but it does not authorize the facility to operate in unhygienic conditions or to fail to follow safety protocols. An infection caused by non-sterile instruments is never part of the risk accepted by the patient.

Request an assessment of your case

If you or a family member has suffered an infection following hip or knee prosthesis surgery, it is crucial to act with the support of a competent professional. Contact Avv. Marco Bianucci for an in-depth review of your situation. The firm, located at via Alberto da Giussano 26 in Milan, is ready to listen to your story and define the best course of action to obtain the compensation you are entitled to.