Professional Liability: Cassation Court Ruling No. 4277/2024 on Surgeon and Iatrogenic Injury

The Court of Cassation, with order no. 4277/2024, addressed a case of healthcare professional liability, confirming the conviction of a surgeon for injuries caused during a surgical procedure. This ruling highlights the delicate nature of responsibility in medical practice and the consequences of healthcare personnel's actions.

The Case Examined by the Court of Cassation

The appeal was filed by A.A., a surgeon who had been convicted by the Court of Appeal of Rome for causing an iatrogenic ureteral injury during a cystopexy procedure. The patient, F.F., suffered significant damage that required further interventions and led to severe consequences, such as renal hypofunction and psychological distress. The Court upheld the conviction, finding that the surgeon had not complied with professional guidelines, despite his justifications.

The Court emphasized that, in cases of medical liability, the judge's assessment of the merits is not subject to review by the Court of Cassation if duly reasoned.

Grounds for Appeal and the Court's Response

• The first ground of appeal concerned the alleged violation of rules relating to professional liability, arguing that external factors to his conduct caused the damage.
• The second ground contested the assessment of causality concerning subsequent interventions, while the third ground related to the amount of compensation, deemed excessive.

The Court declared all three grounds inadmissible, stating that the assessment of the surgeon's conduct was adequately supported by technical consultations and that there were no significant inconsistencies in the findings made.

Conclusions on the Ruling and Future Implications

Ruling no. 4277/2024 by the Court of Cassation represents an important precedent in healthcare professional liability. It reaffirms that doctors have an obligation to follow guidelines and ensure patient safety during procedures. Failure to do so can have serious consequences, not only for patient health but also for the professional careers of healthcare providers.

In an ever-evolving regulatory and jurisprudential landscape, it is crucial for healthcare professionals to remain constantly updated and aware of their responsibilities, to ensure not only patient protection but also their own legal safety.