Commentary on the Ruling of the Court of Cassation, Civil Section III, Order No. 11905 of 2020: Insurance and Professional Liability
The ruling No. 11905 of 2020 by the Court of Cassation provides important insights into professional liability in the medical field and the operation of insurance policies. In this case, a doctor was denied indemnity by his insurance company after a patient sought compensation for damages arising from a surgical procedure. The Court reiterated the importance of transparency and communication in the stipulation of insurance contracts.
The Case Subject to the Ruling
The doctor, D. P., had been sued for an arthroplasty procedure that led to complications, including an infection. The patient subsequently requested compensation for damages, alleging a supposed responsibility of the doctor and the healthcare facility. The central issue was whether the insurance policy taken out by the doctor covered such claims, considering that the infection had already manifested before the contract was signed.
The Court established that the policy was not operational for facts already known to the insured at the time of the stipulation.
The Implications of the Ruling
This ruling highlights several fundamental aspects within the context of professional liability:
- Operationality of the Policy: The Court clarified that the insurance policy was inoperative for the liabilities of which the doctor was already aware at the time of the stipulation.
- Disclosure Obligation: The professional is required to disclose any claims for damages of which he was aware, in order to avoid issues related to the inoperability of the policy.
- Claims Made Clauses: The ruling emphasizes the importance of clauses that limit coverage to facts not already known at the time of signing.
Conclusions
In conclusion, ruling No. 11905 of 2020 represents an important milestone in jurisprudence regarding professional liability insurance. It highlights the necessity for healthcare professionals to pay particular attention to the conditions of their policies and to communicate clearly and promptly any issues that may affect their operationality. Transparency and diligence are imperatives not only for the protection of patients but also for the protection of the professionals themselves.
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