Judgment No. 19864 of the Supreme Court, issued on September 22, 2014, addresses a crucial issue regarding professional liability, particularly in the context of health professions. In this case, the Court examined the liability of an obstetrician for non-economic damages and outlined the principles governing the assessment of damages, emphasizing the importance of personalized compensation.
The appeal in question was filed by S.A. and G.S.M. against Prof. G.A., following a ruling by the Court of Appeal of Naples that had established the professional liability of the physician in relation to a childbirth and subsequent assistance. The Court of Appeal had reformed a previous ruling by the Naples court, redefining the items of damage and ordering the obstetrician to pay legal fees.
The Court reiterated that compensation for personal injury must be comprehensive and personalized, taking into account the severity of the injury and the consequences on the victim's life.
During its decision, the Court examined three grounds for the appeal, all focused on the issue of damage quantification. The appellants argued that the remanding judge should have confirmed the damage quantification already established, without proceeding to a new evaluation. However, the Court clarified that the remanding judge has the responsibility to examine the entire claim, both for liability and for the assessment of damages.
Judgment No. 19864/2014 of the Supreme Court represents an important reflection on the principles of professional liability and compensation for non-economic damages. The Court emphasized the need for a personalized approach to the assessment of damages, highlighting that each case must be evaluated based on specific circumstances and the consequences on the victim's life. In a context where personal injuries can severely compromise quality of life, it is essential that compensation is fair and adequate, reflecting the severity of the harm suffered.
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abuse of process abuse of rights abusiveness Accident accident prevention accident prevention law accidents accountant acoustic emissions active legitimacy administrative acts adversarial process air transport airbag alternative medicine alterum non laedere amendable damage amicable settlement ANAS appeal appeal documents appeal to the Court of Cassation appropriative occupation art. 141 Insurance Code art. 1669 of the Civil Code art. 2051 art. 2051 c.c. art. 213 c.p.c. art. 2560 civil code art. 45 c.p.c. article 2051 article 2087 civil code asbestos asbestos exposure ASL liability assignment of credit assistance expenses assistance to disabled assisted negotiation atypical danger atypical evidence biological damage birth injuries birth injury blood transfusion blood transfusions bodily injury builder's liability burden of proof business branch Capital Rome case law case_law Cassation Cassation ruling Catanzaro court catastrophic damage causal connection causal link causality causation cause of action change of claim change of liability title childbirth circumstantial evidence Civil Code civil law civil liability civil procedure civil trial claim report claims made claims made clause claims made clauses clauses claims made co-insurance cohabitation collapse community directives compensable damage compensatio lucri cum damno compensation compensation action compensation for damages compensation for road victims compensation tables compensations complaint compulsory treatment conflict of jurisdiction congenital malformations Consob construction defects Consumer Code consumers contagion contract contract law contracts contractual interpretation contractual liability contributory negligence corporate liability cosmetics Court of Appeal Court of Cassation Court of Cassation 19744/2014 Covid-19 credit institutions creditor's liability crime victims criminal law criminal liability criminal report custodial liability custody damage assessment damage compensation damage 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guarantee limits guard rail guardrail guidelines gynecologist hazardous activities HCV health certificates health law healthcare liability heating systems heirs hepatitis C virus hermeneutics highway code highways HIV hospital liability human rights I.N.A.I.L. iatrogenic damage iatrogenic injury illegal aid immunity inadequate maintenance inadmissibility inadmissible appeal INAIL income income tax indemnity indemnity law ineffective contract infected blood informed consent inheritance rights injunctive relief injury from fall insolvency insult insurance insurance compensation insurance coverage insurance law insurance policies insurance policy intentional damage intentional injuries intermediation interpretation intoxication involuntary manslaughter ISTAT update Italian jurisprudence Italian laws IVASS joint debtors joint liability judge's power judgment judgment 196 of 2025 judgment 3767/2018 judgment 525/2025 judicial assessment judicial office judicial reasoning jurisdiction 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potholes road traffic road traffic accidents Rome Capital ruling ruling 1227/2025 ruling 1328/2025 ruling 1361/2014 ruling 16979 ruling 1909 of 2025 ruling 2007 ruling 2023 ruling 2024 ruling 5947 ruling 9140 ruling 9460 ruling Court of Naples ruling of the Court of Cassation rulings safety Safety and Coordination Plan safety in construction sites safety of systems safety regulations sale of goods school law seasonal work security obligation self-determination seller sentence settlement severance pay shared fault Sicily silence of the accused site manager social security protection solidarity sponsorship standing standing of third insured state liability statute of limitations stray animals stray dogs strepitus fori strict liability substitute declaration substitution Supreme Court Supreme Court 2023 Supreme Court 2024 Supreme Court ruling Supreme Court ruling 2023 surgical intervention survivor's pension survivors' pension tax assessment tax law tax litigation taxation technical 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