Cass. civ., Sec. VI - 3, Ord. No. 16874/2022: Medical Liability and Technical Consultancy

The recent order of the Court of Cassation, No. 16874 of May 25, 2022, offers significant food for thought on the issue of professional liability in the healthcare sector. The case originated from a lawsuit in which a patient, D.M.M., sought compensation for damages suffered due to an alleged diagnostic delay by the gynecologist D.R. This decision highlights the importance of technical consultancy and the implications that its proper management can have on the final judgment.

The Case Under Review

The patient accused the gynecologist of failing to conduct further investigations despite ultrasound evidence suggesting the presence of a tumor. After the first instance, in which the Court of Rome granted the compensation claim, the gynecologist appealed the judgment. The Court of Appeal, however, upheld the first-instance decision, leading the appellant to file an appeal with the Court of Cassation.

The Legal Issues Raised

The appellant alleged a violation of Article 196 of the Code of Civil Procedure (c.p.c.), arguing that the Court of Appeal had not adequately justified its denial of the renewal of the court-appointed technical consultancy. This point is crucial, as technical consultancy is a fundamental tool for assessing medical liability and establishing facts.

• The Court reiterated that consultancy cannot be requested automatically but must be justified by concrete reasons.
• It emerged that the Court of Appeal had analyzed the conclusions of the court-appointed expert and had provided its own reasoning for the decision, rendering the appeal inadmissible.

The Court of Cassation stated that the alleged omission of examination did not exist, as the professional issue had been extensively addressed.

Conclusions

This ruling by the Court of Cassation reiterates the importance of proper management of technical consultancies in the context of medical liability. The Court clarified that decisions must be based on a thorough analysis of the evidence and expert reports presented, avoiding a merely formal approach. Therefore, for professionals in the legal and healthcare sectors, it is vital to ensure that every aspect of the consultancy is carefully considered and justified, as this can significantly influence the outcome of legal disputes.