Commentary on Judgment No. 4241 of 2023 of the Court of Appeal of Rome on Professional Liability
The recent judgment No. 4241 of the Court of Appeal of Rome dated June 13, 2023, offers an important reflection on the professional liability of healthcare professionals, particularly in relation to surgical interventions and the complications that may arise. The case in question concerns a patient who, after an angiography procedure, reported severe neurological damage, seeking compensation for damages from the O.S.C. - F. Company.
The Context of the Judgment
The Court of Rome had initially rejected the patient's claim, establishing that there was no causal link between the conduct of the healthcare professionals and the damages reported. The appellant then decided to appeal this decision, arguing that the professional liability of the doctors was evident due to the absence of an anesthetist during the procedure. However, the Court upheld the first-instance decision, establishing that the medical team acted appropriately and in accordance with current guidelines.
The conduct of the healthcare professionals of the UOC of San Camillo is not subject to criticism under any aspect; the origin of the aftereffects is attributable to the ischemic complications of the diagnostic angiographic procedure.
Analysis of Professional Liability
The Court emphasized that, in matters of contractual liability, it is up to the plaintiff to prove the causal link between the conduct of the professional and the damage suffered, using the criterion of "more likely than not." In the case at hand, the court-appointed technical consultancy demonstrated that the intervention was necessary and that the complications were managed appropriately. The liability of the healthcare facility was therefore excluded, as the intervention had been performed correctly and the complications could not have been avoided.
Informed Consent
Another crucial aspect of the judgment concerns informed consent. The Court highlighted that the patient had signed a form clearly outlining the risks associated with the procedure, consciously agreeing to undergo the intervention. This element is fundamental, as informed consent is not just a formality but represents a patient's right to be adequately informed about the risks associated with any medical procedure.
- Contractual liability and the burden of proof
- Importance of technical consultancy
- Value of informed consent
Conclusions
Judgment No. 4241 of the Court of Appeal of Rome represents an important confirmation of jurisprudence regarding medical liability. It clarifies the limits of healthcare professionals' liability and the importance of well-documented informed consent. For professionals in the field, the judgment underscores the necessity of adhering to guidelines and ensuring maximum transparency in relations with patients. Jurisprudence continues to evolve, and this ruling is an important step towards strengthening trust in the Italian healthcare system.
