Health Care Liability and Burden of Proof: Commentary on the Sentence of the Court of Cassation No. 26291 of 2024
The ruling of the Court of Cassation No. 26291 of 2024 provides important insights regarding the liability of health care facilities and the burden of proof in cases of harm suffered by patients. In this case, the Court confirmed the decision of the Court of Appeal of Venice, which had deemed the ULSS 6 Euganea Company responsible for the death of a patient due to an infection following a hospital stay.
The Context of the Ruling
The case originated from the hospitalization of D.D. at the Cittadella Hospital, where she contracted a Clostridium difficile infection. The heirs of the patient sued the health care company, arguing that the death was a consequence of the hospital's negligence in failing to ensure adequate sanitation measures. The Court of Padua initially excluded the liability of the facility, but the Court of Appeal overturned this decision.
Liability in cases of harm cannot disregard the proof of fault, which must be established through adequate evidentiary elements.
The Arguments of the Court of Cassation
In its decision, the Court of Cassation emphasized that the Court of Appeal did not presume the fault of the hospital solely based on the occurrence of harm but rather examined the safety measures adopted by the facility. The Cassation rejected the appellant's arguments, reiterating that the burden of proof lies with the injured party, but that the liability of the health care facility must be established based on concrete evidence and not on presumptions.
Conclusions
Ruling No. 26291 of 2024 represents an important legal precedent in the field of health care liability. It clarifies that to attribute responsibility to a health care facility, it is essential to demonstrate that necessary safety measures were not adopted. This principle aligns with Italian regulations and European directives on patient protection, which emphasize the right to health and the need for high safety standards in health care environments.
