Cass. civ., Sez. III, Ord., n. 36504 del 2023: Burden of Proof in Compensation for Damage from Blood Transfusion
The ruling of the Court of Cassation no. 36504 of 2023 provides significant reflection on the burden of proof in matters of compensation for damage from blood transfusions. The Court, in response to an appeal filed by the family members of a patient who died due to complications arising from infected blood transfusions, emphasized the importance of medical documentation and the causal link between the transfusions and the diagnosed pathology. This article analyzes the implications of this decision, providing a clearer picture of the issue.
The Case Brought Before the Court of Cassation
The case concerns D.D., affected by major thalassemia, who developed severe liver pathology due to infected blood transfusions, leading to his death. The family attempted to obtain compensation from the Ministry of Health, but their requests were rejected by the lower courts for lack of proof of the causal link. The Court of Appeal of Catania upheld this decision, denying the probative value of crucial documents.
The Court reiterated that the judge must always adequately justify the decision made on a technical issue relevant to the resolution of the case.
Legal Principles at Stake
The Court recalled fundamental principles regarding proof, particularly the principle of correspondence between what is requested and what is pronounced, and the principle of the availability of evidence. The appellants argued that the Ministry had never contested the existence of the causal link between the transfusions and the pathology, a point that, according to jurisprudence, would not require further proof.
- Principle of correspondence between what is requested and what is pronounced.
- Principle of the availability of evidence.
- Principle of proximity of evidence.
Conclusions and Future Perspectives
The ruling of the Court of Cassation represents an important step forward in the protection of citizens' rights in situations of this kind. By accepting the appeal and remanding the case to the Court of Appeal of Catania, the Cassation emphasized the obligation of the judge to adequately consider the documentation produced and to justify the non-admission of technical consultations. This could pave the way for greater protection of the rights of victims of damage arising from infected blood transfusions and, more generally, for a broader reflection on the burden of proof in civil matters.
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