Undergoing medical treatment or surgery requires an act of extreme trust in the doctor and the hospital. However, this trust must be based on full and informed knowledge of the risks and alternatives. When a patient suffers harm or faces unexpected consequences due to a lack of or inadequate information, their fundamental rights are violated. As an expert lawyer in medical malpractice in Milan, Avv. Marco Bianucci deeply understands the confusion and frustration that arise from discovering that one's health has been managed without the necessary transparency.

Informed Consent in Italian Legislation

Informed consent is not a mere bureaucratic formality or a signature hastily affixed to a pre-printed form before entering the operating room. Law 219/2017 and the consolidated case law of the Court of Cassation define it as the synthesis of two fundamental rights of the individual: the right to self-determination and the right to health. The doctor has a legal obligation to provide the patient with clear, complete, and exhaustive information about the diagnosis, prognosis, benefits, and foreseeable risks of the proposed medical treatment, as well as possible therapeutic alternatives. If this information phase is omitted, incomplete, or incomprehensible, the medical treatment is considered unlawful, regardless of the technical correctness of the medical service provided.

Health Damage and Damage to Self-Determination

It is crucial to distinguish the types of damage that can arise from the violation of the information obligation. There is health damage, which occurs when the patient, if correctly informed of the risks, would have refused the intervention and thus avoided the complication that subsequently occurred. Then there is damage from the violation of the right to self-determination, which exists even if the intervention was performed correctly and improved the patient's health, but the patient was deprived of the freedom to consciously choose whether or not to undergo treatment, suffering distress from unexpected even if not disabling consequences. An expert lawyer in medical malpractice knows how to correctly identify and quantify these different categories of damage to ensure complete protection.

The Bianucci Law Firm's Approach

The Bianucci Law Firm handles cases of informed consent violations with a rigorous and analytical method. Avv. Marco Bianucci, operating as an expert lawyer in medical malpractice in Milan, collaborates with trusted forensic doctors to examine all clinical documentation. The goal is not only to verify the presence of a signature on the form but to analyze the quality of the information received: was it understandable to the patient? Was it specific to that type of intervention? Were the risks that materialized presented? The firm's strategy focuses on demonstrating the causal link between the lack of information and the prejudice suffered by the client, building a solid defense aimed at obtaining fair compensation, prioritizing out-of-court settlements where possible for a faster resolution of the dispute.

Frequently Asked Questions

I signed the consent form, can I still claim compensation?

Yes, a simple signature on a generic form does not exempt the doctor from liability if the information was not provided verbally in a clear and complete manner. If the form was incomprehensible, too generic, or if there was no genuine clarifying discussion, the consent may be considered invalid. It is necessary to analyze the specific case to assess whether the information provided was adequate for the complexity of the intervention.

The surgery was technically successful, but I suffered consequences I was unaware of. Am I entitled to anything?

Absolutely. Even if the surgery was performed according to best practices, if the patient suffers negative consequences or functional limitations they were not warned about, they may be entitled to compensation for the violation of the right to self-determination. The patient must demonstrate that, had they known of those specific risks, they would likely have refused the intervention or chosen a different therapy.

How long do I have to take legal action for lack of informed consent?

The statute of limitations varies depending on the nature of the liability. Generally, for the contractual liability of the healthcare facility, the term is ten years from the moment the damage manifested and was perceived as a consequence of the medical treatment. However, it is always advisable to act promptly to facilitate the retrieval of documentation and witness evidence.

How do you prove that the doctor did not explain the risks to me?

The burden of proof for fulfilling the information obligation lies with the doctor and the healthcare facility. They must demonstrate that they provided complete and exhaustive information. However, the patient, assisted by competent legal counsel, can provide circumstantial evidence, such as the generic nature of the medical records or witness testimony, to support the claim of lack of information.

Request an Evaluation of Your Case

If you believe you have undergone medical treatment without receiving adequate information about the risks and consequences, it is important to clarify your legal position. Avv. Marco Bianucci, an expert lawyer in medical malpractice in Milan, is available to analyze your situation with professionalism and confidentiality at the office located at Via Alberto da Giussano, 26. Contact us to schedule a consultation and discuss the possibilities for protecting your rights.