Compensation for Damages and Medical Liability: Commentary on Judgment Cass. civ., no. 29001/2021

The recent judgment of the Court of Cassation, no. 29001/2021, offers significant insights into medical liability and the assessment of patrimonial and non-patrimonial damages. In this article, we will analyze the salient points of the decision and the legal principles derived from it, aiming to make them understandable and applicable in the context of healthcare professional liability.

The Case and the Court's Decision

In the judgment under review, A.D. sued the Istituto Clinico Città Studi and Dr. O.M., seeking compensation for damages suffered as a result of a poorly performed discectomy surgery. The Court of Appeal ascertained permanent biological damage, establishing a 9% disability, following a complex expert evaluation.

The Court clarified that the healthcare facility's liability cannot be separated from that of the physician, as both operate within a context of cooperation.

In particular, the Court reiterated that, in the assessment of damages, it is essential to distinguish between coexisting and concurrent impairments, establishing that the former do not affect the quantification of compensation.

Principles of Medical Liability and Damage Assessment

The central core of the decision is based on a series of legal principles governing liability in the healthcare sector:

• Joint and Several Liability: The Court confirmed that in cases of fault by multiple parties, such as the physician and the facility, there is joint and several liability, but with the possibility for the party who compensated the damage to seek recourse against the other co-liable parties.
• Distinction between Pre-existing Disability and Damage Suffered: It was clarified that compensation must not be limited to considering the increase in disability, but must take into account the suffering and deprivations suffered by the victim.
• Burden of Proof: The healthcare facility must demonstrate that it has adopted all necessary controls and organizational measures to prevent errors by its appointees.

Conclusions

Judgment no. 29001/2021 of the Court of Cassation represents an important guide for understanding medical liability in Italy. It emphasizes how the liability of a healthcare facility cannot be considered separately from that of the professionals operating within it. Furthermore, the Court reiterated the importance of a correct assessment of damages, which must take into account not only the percentage of disability but also the tangible consequences on the injured party's life. This decision is crucial for all legal professionals and healthcare sector practitioners, providing a clear and precise framework to follow in cases of malpractice and personal injury.