Cass. Civ., Ord. n. 17554/2020: Reflections on Medical Liability and Non-Economic Damage
The ruling of the Court of Cassation no. 17554 of 2020 represents an important intervention in the field of medical liability and the compensation for non-economic damage. The Court examined the issue regarding the adequacy of the medical treatments received by a patient, which led to significant complications. In this article, we will analyze the key points of the decision, highlighting the legal implications and the consequences for the parties involved.
Context of the Ruling
The case originates from a legal action brought by C.M. and F.G. to obtain compensation for the damages suffered by their minor daughter F.M.M. due to inadequacies in the medical treatments received during a surgical procedure. The Court of Appeal of Naples, in an initial phase, recognized compensation but excluded the liability of certain healthcare professionals and reduced the amounts claimed.
- Liability of the ASL and the involved doctors.
- Compensation for non-economic damage for the parents.
- Exclusion of damage for the minor daughter.
The decision of the Court of Cassation emphasized the importance of assessing damage not only in economic terms but also in familial emotional bonds.
Analysis of the Grounds for Appeal
The appellants raised several grounds to contest the ruling of the Court of Appeal, particularly regarding the assessment of the responsibility of the head nurse B.M. and the compensation for non-economic damage. The Court addressed these grounds, highlighting that the omission of responsibility by B.M. had not been adequately proven and that the evidence presented did not demonstrate the necessary negligence to constitute compensable damage.
Furthermore, the Court clarified that non-economic damage must exceed a minimum threshold of tolerability, as established in previous case law, in order to be compensable. Therefore, the suffering of the patient's husband, while serious, did not reach that threshold.
The Damage for the Minor Daughter
A crucial point of the ruling concerns the failure to recognize the damage suffered by the minor daughter F.M.M. The Court held that no damage could be identified related to the loss of the potential chance of having a larger family. However, the Court of Cassation annulled this part of the ruling, asserting that the emotional bond between siblings is a value protected by the legal system and that the impossibility of creating it constitutes a prejudice.
Conclusions
The ruling no. 17554 of 2020 by the Court of Cassation provides important insights into medical liability and the compensation for non-economic damage. It highlights the need for a balanced assessment of evidence and damages, taking into account not only economic aspects but also emotional relationships within the family. The orientation of the Court could influence future similar cases, requiring greater attention to family ties in the compensation for non-economic damages.
