The Court of Cassation on compensation for haemotransfusion: Order no. 20882 of 2018
The recent order of the Court of Cassation no. 20882 of 22 August 2018 is part of a legal context of particular relevance, concerning the Ministry of Health's liability for damages arising from haemotransfusions of infected blood. This ruling clarifies some fundamental aspects of the statute of limitations and active standing in compensation claims, highlighting the complexity of legal proceedings in healthcare matters.
Context of the Ruling
In this order, the Court examined the appeal of S. R. and others against the Ministry of Health, concerning the compensability of damages suffered due to haemotransfusions performed with infected blood. The Court of Appeal of Rome had already expressed its opinion, establishing that the Ministry's liability was of an extra-contractual nature, thus applying the five-year statute of limitations for compensation claims.
The Ministry of Health's liability for damages from infected blood transfusions is extra-contractual in nature, subject to a five-year statute of limitations.
Analysis of Legal Principles
The Court reiterated some fundamental legal principles:
- The Ministry of Health's liability is extra-contractual and subject to a five-year statute of limitations, pursuant to art. 2947 of the Italian Civil Code.
- The starting point for the statute of limitations is identifiable with the date of filing the administrative application.
- Compensation claims filed beyond the statute of limitations are inadmissible.
These principles were also applied in assessing passive standing, confirming that the Ministry was responsible for the lack of oversight on blood safety.
Conclusions
The ruling of the Court of Cassation no. 20882 of 2018 is part of a highly topical legal context, underscoring the importance of a correct interpretation of the rules on healthcare liability. With this order, the Court has not only confirmed the extra-contractual nature of the Ministry of Health's liability but has also clarified the applicable statute of limitations, thus offering important food for thought for all stakeholders involved in the field of health law.
