Professional liability in the healthcare sector: analysis of the ruling Cass. civ. n. 23918/2006
The ruling of the Court of Cassation n. 23918 of 2006 has represented an important reference point for professional liability in the healthcare sector. This case involved a doctor, a nursing home, and a patient who suffered damages following a surgical intervention. The ruling highlighted several aspects regarding the responsibility of both the doctor and the healthcare facility, emphasizing the link between diagnostic error and contractual liability.
The case in question
The context of the ruling concerns the claim for damages made by P.A., the patient, against Dr. L.G. and the Villa Tiberia Nursing Home. The plaintiff complained of damages resulting from a surgical intervention that, according to her, had been performed negligently, leading to serious physical and psychological consequences. The Court of Appeal of Rome, in partial reform of the first-instance ruling, held the nursing home and the doctor jointly liable, recognizing responsibility for the erroneous diagnosis and the lack of post-operative monitoring.
Legal principles established
The Court stated that the responsibility of the nursing home exists even for the actions of a non-dependent doctor, if they were chosen by the patient and operate within the facility.
The Court clarified that professional liability is of a contractual nature and that the doctor must ensure an adequate level of diligence. In this case, the violation of professional obligations was established through technical consultations, which highlighted a diagnostic error and poor post-operative management. The decision of the Court of Cassation confirmed that the diagnostic error occurring during the hospitalization generated joint liability between the doctor and the nursing home, thus establishing a principle of protection for the patient.
The implications of the ruling
This ruling has had a significant impact on jurisprudence regarding medical liability. Some key points include:
- The responsibility of the healthcare facility for the actions of doctors operating within it, even if they are not employees.
- The necessity of properly informing the patient about the risks of the intervention.
- The importance of the causal link between negligent behavior and the damage suffered by the patient.
The Court reiterated that biological damage and moral damage must be adequately compensated, considering the specificity of the case and the suffering endured by the victim.
Conclusions
The ruling Cass. civ. n. 23918/2006 offers an important reflection on liability in the healthcare sector. It reaffirms the principle that the protection of the health and rights of the patient must be guaranteed through adequate supervision and professionalism on the part of healthcare operators. Healthcare facilities must, therefore, carefully monitor the activities of the doctors operating within them, ensuring an adequate level of care.
