Compensation for Damages and Medical Liability: Comment on the Judgment of the Court of Cassation, No. 29001/2021
The recent ruling of the Court of Cassation, No. 29001/2021, provides significant insights into medical liability and the assessment of economic and non-economic damages. In this article, we will analyze the key points of the decision and the legal principles that arise from it, aiming to make them understandable and applicable in the context of healthcare professional liability.
The Case and the Court's Decision
In the judgment under examination, A.D. sued the Clinical Institute Città Studi and Dr. O.M., seeking compensation for damages suffered following a poorly performed discectomy. The Court of Appeal established a permanent biological damage, determining a disability of 9%, following a complex expert evaluation.
The Court clarified that the responsibility of the healthcare facility cannot be separated from that of the physician, as both operate within a context of cooperation.
In particular, the Court reiterated that, in assessing damages, it is essential to distinguish between coexisting and concurrent impairments, establishing that the former do not affect the quantification of compensation.
Principles of Medical Liability and Damage Assessment
The core of the decision is based on a series of legal principles that regulate liability in the healthcare field:
- Joint Liability: The Court confirmed that in cases of fault involving multiple parties, such as the physician and the facility, there exists joint liability, but with the possibility for the party who compensated the damage to seek recourse against the other responsible parties.
- Distinction between Pre-existing Disability and Damage Suffered: It was clarified that compensation should not be limited to considering the increase in disability but must take into account the suffering and deprivations experienced by the victim.
- Burden of Proof: The healthcare facility must demonstrate that it has adopted all necessary controls and organizational measures to prevent errors by its personnel.
Conclusions
The ruling No. 29001/2021 of the Court of Cassation represents an important guide for understanding medical liability in Italy. It emphasizes that the responsibility of a healthcare facility cannot be considered separately from that of the professionals working within it. Furthermore, the Court reiterated the importance of a correct assessment of damages, which must take into account not only the percentage of disability but also the tangible consequences on the life of the injured party. This decision is crucial for all legal practitioners and healthcare professionals, providing a clear and precise framework to follow in cases of malpractice and personal injury.
