Medical malpractice is that type of professional liability, exercised by those who practice health care activities, which derives from damages caused to patients due to errors or violations inherent in the health care activity. Attorney Mazzotta has many years of experience in the field of healthcare law, having acquired considerable expertise in the field of medical malpractice and medical liability.
The concept of medical malpractice implies a connection between the psychophysical injury of the patient and the conduct of the doctor, to which must also be added the possible inefficiency of the tools and the healthcare facility. Since medical malpractice is a very complex and particularly delicate issue, as it is closely connected to the constitutionally protected asset of health, it is advisable to contact an experienced medical malpractice law firm.
To clarify this delicate relationship between doctor and patient, it is of primary importance to know informed consent and the consequences it entails. Informed consent is a document through which the patient expresses his decision whether or not to knowingly want to undergo certain medical therapies. Based on the provisions of the law, any intervention on health can take place only after the person concerned has taken a complete view of the nature, purpose, and possible consequences of the intervention and only after signing this informed consent.
Consequences can derive from medical negligence in surgery, more specifically errors and negligence, of which it is important to know the different natures to establish the type of damage to be compensated for. The first medical error identified by court decisions is the diagnostic error. This occurs when the healthcare professional does not make the correct diagnosis of the disease due to an inaccurate collection of anamnestic data or the lack of relief of a symptom which, if underestimated, can lead to complications for the patient's health. Another type of error is the prognostic error which, unlike the diagnostic error, comes from an incorrect assessment of the course of the patient's disease. Finally, we speak of therapeutic error when the doctor makes a mistake in the phase of prescribing a specific therapy or in carrying it out.
One of these errors often occurs due to imprudence of the healthcare professional who, despite being aware of the risks for the patient, decides to proceed with a certain procedure, or even due to a distraction or, in extreme cases, to a lack of preparation or professional competence of the doctor in a given situation. Since healthcare law is a rather delicate subject, it is advisable to contact an experienced medical liability lawyer to receive the legal assistance you need.
In the field of civil liability of healthcare professionals, the \"Gelli-Bianco\" reform issued in March 2017 introduced significant changes, in particular those concerning the difference between non-contractual liability and contractual liability. According to the Gelli-Bianco Law, when the responsibility for the damage is to be attributed to the doctor who works within the healthcare facility or to his team, we speak of contractual liability (so-called \"social contract liability\").
The Gelli-Bianco Law has also made numerous changes in the matter of the criminal liability of healthcare professionals. Based on the provisions, we talk of criminal liability for healthcare professionals in the case of manslaughter or damage caused by the exercise of the healthcare profession. However, liability is excluded due to inexperience in the event that the doctor demonstrates that he has complied with the recognized medical guidelines.
For legal advice relating to health law and medical malpractice, contact the Mazzotta law firm in Milan. Here you will find the competence and professionalism of an experienced medical malpractice lawyer who will be able to help you and provide you with all the information necessary to resolve your medical malpractice case.