Analysis of the Judgment of the Court of Cassation, Civil Section III, No. 26117/2021: Compensation for Iatrogenic Damage
The recent judgment of the Court of Cassation, No. 26117 of 2021, represents an important reference point in the assessment of damages in cases of medical errors. In particular, the decision focuses on the issue of differential damage and the impact of indemnities provided by INAIL in the calculation of compensation. The Court examined two appeals, highlighting the complexity of the interactions between indemnities and compensations, and the criteria to be adopted to ensure fairness to the injured party.
The Case and the Decision of the Court of Appeal
In this case, C.S. had suffered injuries as a result of a road accident and claimed to have received inadequate care that aggravated his health condition. The dispute revolved around the indemnity received from INAIL and its impact on the compensation requested from the Health Assistance Company (AAS). The Court of Appeal of Trieste had upheld C.S.'s appeal, determining a higher compensation than that established by the Court of Udine.
The Court of Cassation established that payments made by the social insurer reduce the compensation claim held by the victim of the unlawful act.
The Legal Principles Established by the Court of Cassation
The Court of Cassation confirmed some fundamental principles for the assessment of damages, in particular:
- Differential damage must be calculated by subtracting the INAIL indemnity only when it is intended to compensate the same harm for which compensation is requested.
- In the case of indemnity in the form of an annuity, it is necessary to consider the installments already received and the capital value of the annuity not yet paid out.
- Iatrogenic damage, that is, the aggravation of an already existing injury due to medical negligence, must be monetized and compared with the indemnity received.
Conclusions
The judgment No. 26117/2021 of the Court of Cassation provides significant clarifications on the assessment of differential damage, highlighting the importance of a detailed and precise approach in calculating compensations. The indications provided by the Court will help ensure greater fairness among the parties involved, reducing the risk of unjust enrichment or injustices against victims of damage resulting from medical errors.
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