Professional Responsibility: Analysis of Judgment No. 1797/2019 of the Court of Appeal of Milan
Judgment No. 1797/2019 of the Court of Appeal of Milan has highlighted significant issues in the field of professional responsibility in healthcare. The case, involving a child suffering from meningoencephalitis, has shed light on the consequences of medical negligence and the criteria for quantifying compensable damages. In this article, we will delve into the main legal issues raised by the judgment, analyzing the implications for civil liability and damage compensation.
The Context of the Judgment
The case originates from the birth of a child, F.M., on March 7, 2008, who, following inadequate treatment at an emergency room, suffered severe health damages. The Court established that the physician, M.S.B., did not possess the necessary professional qualifications and condemned both the physician and the Hospital Company to compensate for the damages. In particular, the judgment recognized a non-economic damage of over one million euros to the minor and a lifelong pension to ensure continuous assistance.
The Court ruled that civil liability must be assessed based on the conduct of the professional and the existing guidelines, highlighting the importance of timely diagnosis to ensure the patient's health.
Fundamental Elements of the Judgment
The judgment focuses on several critical aspects:
- Causal Link: The Court confirmed the existence of a causal link between the physician's negligent conduct and the damage suffered by the minor, emphasizing that a timely diagnosis could have significantly reduced the risk of complications.
- Damage Compensation: It was established that non-economic damage must be compensated based on criteria that consider the severity of the injury and the need for future assistance. The Court accepted the request for a lifelong pension for the minor, due to his permanent condition.
- Responsibility of the Hospital Company: The Court recognized the joint responsibility of the Hospital, highlighting the lack of an adequate control system to ensure that only qualified personnel operated in the pediatric emergency service.
Conclusions
Judgment No. 1797/2019 of the Court of Appeal of Milan represents an important precedent in the field of professional responsibility in healthcare. It not only clarifies the limits and responsibilities of health professionals but also establishes clear criteria for quantifying compensable damages, emphasizing the need to adequately protect victims of healthcare negligence. It is essential that healthcare facilities adopt preventive measures to avoid the recurrence of similar incidents, ensuring the safety and health of patients.
