Professional Responsibility in Healthcare: Ruling No. 1018/2023 of the Court of Catanzaro

The recent ruling No. 1018 of June 21, 2023, from the Court of Catanzaro offers important insights into the professional responsibility of healthcare clinics and the rights of family members in the event of a patient's death. In this article, we will explore the details of the ruling, analyzing the judge's motivations and the legal implications for healthcare facilities.

The Case of C.A. and the Clinic's Responsibility

The case in question involves C.A., who filed a lawsuit against the clinic V.S.A. S.p.A. after the death of his brother, claiming that the death was attributable to negligent behavior by the healthcare providers. The ruling confirmed the clinic's responsibility, establishing that the actions of the healthcare staff did not meet the required standards of diligence.

The responsibility of the healthcare institution arises from Article 1228 of the Civil Code, which states that the debtor who avails himself of the work of third parties is liable for their willful and negligent acts.

In particular, the technical consultants highlighted how the suspension of antibiotic therapy, despite the persistence of the infection, contributed to C.A.'s death. This aspect is crucial, as the Court noted a clear negligence in the management of the patient, with lethal consequences.

Compensation for Damages: The Rights of Family Members

The ruling also addressed the issue of compensation for damages, both patrimonial and non-patrimonial, requested by C.A. iure hereditatis and iure proprio. Among the claims, the terminal biological damage was discussed, which is compensable even in the absence of full awareness by the patient. However, the Court rejected the request for compensation for the loss of chance of survival, stating that such damage cannot be attributed post-mortem.

  • Compensation for biological damage: Euro 64,642.00
  • Compensation for moral damage: Euro 10,965.82

Conclusion

Ruling No. 1018/2023 of the Court of Catanzaro represents an important precedent in the field of healthcare responsibility, emphasizing the need for proper information and management of patients by healthcare facilities. Furthermore, it highlights the rights of family members in seeking fair compensation for the damages suffered as a result of the loss of a loved one.

Bianucci Law Firm