Analysis of Judgment No. 7335/2023 of the Court of Naples on Professional Liability in Healthcare
Judgment No. 7335 of July 14, 2023, from the Court of Naples provides important insights into professional liability in the healthcare sector. In this case, the heirs of a deceased patient sought compensation for damages, claiming that the death was due to medical negligence. The judgment focuses on the principles of healthcare liability and the right to compensation for the family members.
The Context of the Judgment
The case was initiated by the heirs of P. S., who died in 2013 after a long clinical course characterized by complications. The plaintiffs argued that the death was attributable to hospital-acquired infections contracted during the hospitalization at the accused healthcare facility, A.N.C. The judgment recalls that, according to jurisprudence, liability for damages resulting from medical negligence is of an extracontractual nature.
- Recognition of the liability of the healthcare facility.
- Determination of the negligence of healthcare professionals through Technical Consultancy (CTU).
- Compensation for non-pecuniary damages and loss of chances.
The liability of the healthcare facility cannot be limited to individual operators but must extend to the entire organization and the protocols followed.
The Principles of Healthcare Liability
The judgment clarifies that professional liability in the healthcare field is not limited to the contractual relationship between patient and doctor, but also extends to family members who can seek compensation for damages suffered. The Court of Cassation has repeatedly stated that, in the event of the patient's death, family members are entitled to be compensated for the loss of the familial relationship and for the pain suffered.
In particular, the Court established that:
- The heirs have the right to seek compensation for non-pecuniary damages.
- It is the responsibility of the healthcare facility to demonstrate that it has complied with regulations and protocols for the prevention of hospital-acquired infections.
- The causal link between the conduct of healthcare professionals and the patient's death must be proven in probabilistic terms.
Conclusions
Judgment No. 7335/2023 of the Court of Naples represents an important step forward in the protection of the rights of patients and their families in cases of medical negligence. It highlights the need for healthcare facilities to adopt adequate measures to prevent hospital-acquired infections and to demonstrate compliance with current regulations. In a context where professional liability is increasingly scrutinized, this judgment offers a useful point of reflection for all operators in the sector.
