Civil Cassation n. 14615/2020: Medical Liability and Compensation for Damages
The ruling n. 14615 of 2020 by the Court of Cassation, issued on July 9, 2020, addresses central issues regarding medical liability and compensation for damages, particularly in the case of HCV infection contracted as a result of blood transfusions. The relatives of D.S.L., who passed away due to the illness, sought compensation for damages both iure proprio and iure hereditatis against the USL Lecce and the Ministry of Health.
The Case and the First Instance Ruling
In the first instance, the Court of Lecce accepted the relatives' claims, recognizing significant compensation for biological and moral damage. However, the Court of Appeal subsequently partially rejected the claims, limiting the compensatory liability to the Ministry of Health and not to the USL, based on the lack of evidence of negligent behavior.
The USL's liability towards the relatives was excluded due to the absence of a direct contract with the healthcare facility.
The Rationale of the Court of Cassation
The Cassation, while partially confirming the ruling of the Court of Appeal, emphasized several fundamental principles regarding medical liability. In particular, it reiterated that:
- The contractual relationship exists exclusively between the patient and the healthcare facility, excluding the possibility of direct compensation for relatives.
- In the event of the patient's death, relatives can only claim compensation iure hereditatis, not iure proprio.
- Contractual liability is limited to the scope of the relationship established, therefore relatives cannot assert compensatory rights for damages not directly suffered.
It is interesting to note that the Court also examined the statute of limitations for compensatory rights, establishing that the dies a quo should be calculated not from the date of the harmful event, but from the knowledge of the illness, introducing a principle of greater protection for victims of long-latent damages.
Conclusions
The ruling n. 14615/2020 by the Court of Cassation represents an important clarification on the dynamics of liability in the healthcare sector. It highlights the need for a clear distinction between the compensatory rights of patients and those of their relatives, underscoring the importance of proving negligent behavior on the part of the healthcare facility. This jurisprudential orientation could influence future litigation regarding medical liability, making documentation and evidence even more crucial in cases of damage compensation.
