Cass. civ., Sez. VI - 3, Ord. n. 16874/2022: Medical Liability and Technical Consulting
The recent ruling of the Court of Cassation, no. 16874 of May 25, 2022, offers significant insights into the topic of professional liability in the healthcare sector. The case originated from a lawsuit in which a patient, D.M.M., sought compensation for damages suffered due to an alleged diagnostic delay by the gynecologist D.R. This decision highlights the importance of technical consulting and the implications that its proper management can have on the final judgment.
The Case at Hand
The patient accused the gynecologist of failing to conduct further examinations despite ultrasound evidence suggesting the presence of a tumor pathology. After the first instance, where the Court of Rome accepted the claim for damages, the gynecologist appealed the ruling. However, the Court of Appeal confirmed the first-instance decision, leading the appellant to file an appeal to the Court of Cassation.
The Legal Issues Raised
The appellant complained of a violation of Article 196 of the Code of Civil Procedure, arguing that the Court of Appeal had not adequately justified the denial of the renewal of the technical consulting ex officio. This point is crucial, as technical consulting is a fundamental tool for assessing medical liability and for establishing the facts.
- The Court reiterated that consulting cannot be requested automatically but must be justified by concrete reasons.
- It emerged that the Court of Appeal had analyzed the conclusions of the expert witness and had provided its own rationale for the decision, rendering the appeal inadmissible.
The Court of Cassation stated that the alleged omission of examination did not exist, as the professional issue had been extensively addressed.
Conclusions
This ruling from the Court of Cassation reaffirms the importance of proper management of technical consultations in the context of medical liability. The Court clarified that decisions must be based on a thorough analysis of the evidence and expert opinions presented, avoiding a merely formal approach. Therefore, for professionals in the legal and healthcare sectors, it is vital to ensure that every aspect of the consultation is carefully considered and justified, as this can significantly influence the outcome of legal disputes.
