Doctor's Liability for Omission of Diagnosis of Fetal Malformation: Ruling No. 16967 of 2024

The issue of medical liability is always highly relevant, and the recent ruling No. 16967 by the Court of Cassation dated June 19, 2024, provides important clarifications regarding the consequences of the omission of diagnosis of fetal malformation. In particular, the ruling focuses on the significance of information and the parents' right to adequately prepare for the possibility of giving birth to a child with malformations.

Context of the Ruling

The Court expressed itself in a case where the doctor had failed to diagnose a fetal malformation, causing significant harm to the parents, who did not have the opportunity to prepare psychologically for the arrival of the child. The Court established that not only does the failure to terminate the pregnancy represent harm, but also the inability to organize life in a way that is compatible with the future care needs of the child, as highlighted by the maxim:

Omission of diagnosis of fetal malformation - Damages for violation of the right to terminate pregnancy and the right to information - Autonomy - Foundation. In terms of medical liability for the omission of diagnosis of fetal malformation, the damage resulting from the inability to prepare psychologically for childbirth (e.g., through timely organization of life in a way that is compatible with the future care needs of the child or seeking psychotherapy) constitutes a prejudice distinct from that related to the failure to terminate the pregnancy, given the autonomous relevance of information to avoid or mitigate the suffering induced by the aforementioned event, regardless of any instrumental profile concerning the potential abortive choice of the woman.

Relevance of the Right to Information

The ruling emphasizes the importance of the right to information for parents. This right is fundamental not only for making informed decisions regarding the possibility of terminating the pregnancy but also for facing the parenting journey with the necessary awareness. Timely information allows parents to:

  • Prepare psychologically for the arrival of the child.
  • Organize their lives to meet the child's care needs.
  • Access psychological support to address potential difficulties.

Italian jurisprudence, as well as European regulations, recognize the importance of ensuring the right to self-determination for parents, both in the preventive phase and during the management of the pregnancy.

Conclusions

Ruling No. 16967 of 2024 represents a step forward in the protection of parents' rights and in the professional responsibility of doctors. It clarifies that the damage resulting from the omission of diagnosis of fetal malformation is not limited to the failure to terminate the pregnancy but also includes the inability to adequately prepare for such a significant event. It is essential that health professionals be aware of this responsibility and provide clear and timely information to avoid further suffering for parents and to promote informed parenting.

Bianucci Law Firm