Cass. Civ., Ord. n. 18815 del 2024: Reflections on Professional Responsibility in Health and the Right to Life
The recent ruling of the Court of Cassation, n. 18815 of 2024, offers important reflections regarding the professional responsibility of health care providers and the rights of unborn children. The case in question involves a minor, A.A., whose parents sued the Local Health Authority of Brindisi and the heirs of a doctor for negligence in diagnosing congenital malformations during pregnancy.
The Context of the Ruling
A.A.'s appeal is based on an alleged inadequacy in the professional service received, which would have prevented the mother from considering the option of an abortion. However, the Court of Appeal of Lecce had already rejected the appeal, limiting the recognition of the right to compensation exclusively to the parents. This approach raised fundamental questions: does the unborn child have the right to seek compensation for their living conditions, or is that right exclusive to the parents?
The ruling of the Court of Cassation draws attention to the need to consider the unborn child's right to live without harmful limitations, highlighting the legal implications of medical responsibility.
The Implications of the Decision
The first reason for appeal presented by A.A. highlighted the failure to consider the provisions of Law 194 of 1978, which regulates abortion. The Court had to address the issue of the right to compensation in relation to Articles 2, 3, 29, 30, and 32 of the Constitution, which protect the fundamental rights of the individual. Although the Court recognized the responsibility of the healthcare provider, it denied the right to compensation, arguing that the harm from unwanted birth could not be attributed to the child itself.
- Professional healthcare responsibility
- Right to compensation for harm from unwanted birth
- Legal implications of Law 194/1978
Conclusions
Ruling n. 18815 of 2024 represents an important legal precedent that invites reflection on the delicate balance between professional responsibility and individual rights. The issue of compensation should not be limited to the parents, as the right to life and health of the unborn child is a matter of fundamental relevance. The Court has thus opened a space for discussion on how existing norms can be interpreted to ensure adequate protection of the rights of the most vulnerable.
