Personal injuries and medical liability: commentary on Cass. pen. n. 47801 of 2018
The ruling n. 47801 of 2018 by the Court of Cassation examined a case of medical liability in relation to a complex childbirth, highlighting how the negligent conduct of an obstetrician led to severe consequences for the newborn. In particular, the case concerns the personal injuries suffered by a child due to hypoxia during birth, which resulted in dystonic tetraparesis.
The context of the ruling
The doctor in question, T.F., was accused of failing to implement the necessary measures to ensure the safety of the newborn during a delivery that showed signs of fetal distress. The Court of Appeal of Cagliari had upheld the conviction of the Tribunal, declaring the doctor’s liability for omission, as he did not promptly proceed with a cesarean section despite clear signs of risk. The Court of Cassation confirmed this decision, rejecting T.F.'s appeal based on arguments that questioned the classification of the pregnancy as "at risk."
The doctor’s liability is not limited to the performance of acts, but also extends to the careful monitoring of the patient’s clinical situation.
The Court's arguments
The Court noted that the mother's pregnancy was overdue and showed signs of fetal distress, requiring particular attention. According to current regulations and health guidelines, the obstetrician could not merely ensure his availability but had to take personal action to monitor the situation and implement the necessary corrective measures. The Court emphasized that the doctor’s responsibility extends to all aspects of care, including oversight of the actions of other members of the medical team.
Legal and professional implications
- Recognition of the shared responsibility between the obstetrician and the midwife in monitoring fetal distress.
- The importance of promptly implementing necessary measures to ensure the health of the newborn.
- The distinction between slight fault and gross fault does not affect criminal liability if guidelines are not followed.
The ruling confirmed that the omission of a timely intervention can constitute a serious violation of the duty of diligence, with direct consequences on the patient’s health. Furthermore, the Court reiterated that the doctor must always be aware of potential complications and act accordingly.
Conclusions
The case analyzed by the Court of Cassation provides important insights into medical liability and the significance of careful monitoring during childbirth. Health professionals must be ready to intervene decisively and promptly in risky situations to prevent irreparable consequences. The ruling n. 47801 of 2018 serves as a reminder of the responsibility and diligence required to ensure patient safety, especially during critical moments such as childbirth.
