Professional Liability in Healthcare: Commentary on Judgment No. 184/2024 of the Court of Appeal of Campobasso

The recent judgment No. 184/2024 of the Court of Appeal of Campobasso offers an important reflection on professional liability in the healthcare sector, particularly in contexts of post-operative complications. In this article, we will analyze the main aspects of the decision, highlighting the legal implications and the principles of liability arising from it.

The Case Examined by the Court

In the case at hand, patient C.V. sued the institute INM S.p.A. to seek compensation for damages suffered due to infections contracted after a surgical procedure. The Court of Isernia had initially recognized partial liability of the institute, ordering it to pay a sum lower than that requested by the patient. Unsatisfied, C.V. appealed, arguing that the Court had not adequately considered the causal link between the infections and the negligent conduct of the healthcare personnel.

The principle of liability in the healthcare field provides that, once the causal link between the healthcare professional's conduct and the damage suffered by the patient has been proven, it is up to the latter to demonstrate the adequacy of the preventive measures adopted by the facility.

Analysis of the Judgment

The Court partially upheld the appeal, finding that the lower court had correctly set out the reasons for its decision. However, it also highlighted that the institute failed to demonstrate that it had complied with all necessary precautions to prevent infections, a crucial aspect in cases of healthcare civil liability. This raises important questions regarding the burden of proof for healthcare facilities.

• The causal link is fundamental for attributing liability to healthcare personnel.
• It is incumbent upon the facility to prove that it has adopted all preventive measures required by current regulations.
• Organizational deficiencies can significantly impact the liability attributed to medical personnel.

Legal Implications and Conclusions

This judgment reiterates the importance of strict adherence to prevention procedures in healthcare. The Court confirmed that, in cases of hospital-acquired infections, the healthcare facility has the burden of proving that it acted with the utmost diligence and in accordance with good clinical practices. Furthermore, the case underscores the importance of proper documentation of preventive measures taken, to demonstrate one's defense in litigation.

In conclusion, the case examined by the Court of Appeal of Campobasso offers a clear perspective on the dynamics of liability in healthcare, emphasizing the need for continuous updating and improvement of prevention procedures in Italian healthcare facilities.