Healthcare Professional Liability: Commentary on Judgment No. 5808 of 2023 by the Court of Cassation
The recent judgment No. 5808 of 2023 by the Court of Cassation addressed a topic of significant importance in the field of healthcare professional liability, particularly concerning the emergence of nosocomial infections. This ruling provides meaningful insights into the liability of healthcare facilities and the burden of proof that weighs on the parties involved.
The Case and the Decision of the Court of Appeal
The case began when A.A. underwent surgery on their femoral neck, resulting in debilitating outcomes due to an infection contracted in the hospital. The Court of Appeal of Palermo accepted A.A.'s request for damages, condemning the hospital to compensate for biological damage amounting to 152,000 euros. The healthcare facility then appealed to the Court of Cassation, contesting the liability for the onset of the infection.
Legal Principles Established by the Court of Cassation
The Court of Cassation upheld the decision of the Court of Appeal, emphasizing that it is the responsibility of the healthcare facility to demonstrate that it has complied with sterilization and disinfection obligations. In particular, the Court stated:
- The patient has the burden of proving the causal link between the worsening of their condition and the actions or omissions of the medical staff.
- If the patient fulfills this burden, the facility must prove that the harmful event was caused by an unpredictable and unavoidable obstacle.
- The infection, although it may have a certain probability of occurring even with proper adherence to regulations, does not exclude the facility's liability if it fails to prove that it took all necessary precautions.
The Court reiterated that it was the healthcare facility's duty to ensure and the burden to prove that diligent sterilization of the hospital environment had occurred.
Conclusion
Judgment No. 5808 of 2023 represents an important confirmation of the principles of liability in the healthcare sector. It clarifies that, despite the not always predictable nature of nosocomial infections, healthcare facilities must always demonstrate that they have taken the necessary measures to prevent such events. This decision not only helps protect patients' rights but also reinforces the duty of healthcare facilities to ensure safe and quality service.
