Professional Liability and Compensation for Damages: Commentary on Judgment No. 19864/2014 of the Supreme Court
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 Context of the Judgment
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.
Principles of Damage Compensation
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.
- Compensation must be comprehensive and not exceed the actual damage.
- The principle of personalization is fundamental to ensure fair compensation.
- Non-economic damage must be assessed in relation to the severity of the injury and the victim's life.
Conclusions
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.
