Analysis of Judgment Cass. civ., Section III, No. 26117/2021: Compensation for Iatrogenic Damage
The recent judgment of the Court of Cassation, No. 26117 of 2021, represents an important reference point in the assessment of damages in cases of medical malpractice. In particular, the decision focuses on the issue of differential damage and the impact of compensation paid by INAIL in the calculation of damages. The Court examined two appeals, highlighting the complexity of the interactions between compensation and damages, and the criteria to be adopted to ensure fairness to the injured party.
The Case and the Decision of the Court of Appeal
In this case, C.S. had suffered injuries following a road accident and claimed to have received inadequate treatment that had worsened his health condition. The dispute revolved around the compensation received from INAIL and its impact on the damages claimed from the Healthcare Authority (AAS). The Court of Appeal of Trieste had upheld C.S.'s appeal, determining higher compensation than that established by the Court of Udine.
The Court of Cassation ruled that payments made by the social security insurer reduce the compensation claim held by the victim of the tortious act.
Legal Principles Established by the Court of Cassation
The Court of Cassation confirmed several fundamental principles for the assessment of damages, in particular:
- Differential damage must be calculated by subtracting INAIL compensation only when it is intended to cover the same prejudice for which compensation is sought.
- In the case of compensation in the form of an annuity, the installments already received and the capital value of the annuity not yet paid must be considered.
- Iatrogenic damage, i.e., the worsening of an existing damage due to medical negligence, must be monetized and compared with the compensation received.
Conclusions
Judgment No. 26117/2021 of the Court of Cassation provides significant clarification on the assessment of differential damage, highlighting the importance of a detailed and precise approach in calculating compensation. The guidelines provided by the Court will serve to ensure greater fairness between the parties involved, reducing the risk of undue enrichment or injustice towards victims of damages arising from medical malpractice.
