Legal protection · 01
Informed consent in aesthetic treatment.
The law requires free and informed consent, documented and entered in the chart. In a 2019 order on cosmetic surgery the Cassazione wrote that it must also cover the expected result.
Information, not legal advice. Read on 12 October 2026.
Informed consent
The rule
1 of 4
Law 219 of 2017, Article 1, Paragraph 1
"No healthcare treatment may be started or continued without the free and informed consent of the person concerned, except in cases expressly provided for by law."
Read the textNormattivaInformed consent
The precedents
Published on 18 November 2019
Court of Cassation, Civil Division, Sixth Section, order 29827 of 2019
- The facts
- Augmentation mammoplasty. On appeal the surgeon had been ordered to pay approximately 99,000 and 111,000 euros to two patients, for lack of valid prior consent and for incorrect performance. One patient had not been informed that the procedure would involve an increase of two cup sizes, avoidable with another technique.
- What was decided
- The doctor's appeal is declared inadmissible. The Court adds that it would in any case have been "manifestly unfounded". The sums are those decided by the appeal court, for consent and performance together.
Informed consent
What protects the physician
- A written consent specific to that treatment: name, area, technique, product, risks, alternatives, expected result, no guarantee of result.
- The record that the information was given: date, time, who provided it, the time left to decide.
- In aesthetics, the agreed expected result: baseline photographs and expectations noted.
- Consent and its revocations inside the record, as the law requires.
In Fibonacci
- Consent starts from the chosen treatment. You review it section by section and approve it yourself.
- The patient signs in the office with a code received on her phone. The signed document stays in the record and cannot be modified: if the technique changes, a new one is generated.
- The revocation remains written, with the reason, next to the original document.
Informed consent
What these sources do not say
None of these sources says that a well-drafted consent wins a case. And in the judgments reviewed there is no official list of mandatory form fields: the contents are those of Paragraph 3.
The sources
- Law 219 of 2017, Article 1, Paragraphs 4 and 5Normattiva
- Constitutional Court, judgment 438 of 2008Corte costituzionale
- Court of Cassation, Civil Division, Sixth Section, order 29827 of 2019Text on the FNOMCeO portal
- Court of Cassation, Civil Division, Third Section, order 316 of 2026ItalgiureWeb, SentenzeWeb: search by number and year
Read on 12 October 2026. Information, not legal advice.
Documentation must be done while you work, not when the lawyer's letter arrives.
In half an hour we show you how Fibonacci records consents, sessions, batches, and photos during the visit.
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