Professional Liability and Damages Compensation: Commentary on Cass. Civ. Judgment No. 5641/2018
The ruling of the Court of Cassation No. 5641 of 2018 represents an important reference point in the field of healthcare professional liability. It addresses the issue of compensation for damages caused by diagnostic errors and their related settlement, highlighting the complexities related to proving the causal link and quantifying the damage.
The Case and the Judges' Decisions
In the case at hand, the Court examined the compensation request made by the relatives of a patient who died due to a diagnostic delay. The Court of Rome had initially accepted the claim, recognizing liability on the part of both the Clinic and the doctors involved. However, the Court of Appeal subsequently modified the decisions, denying the causal link between the diagnostic error and the patient's death.
The Court excluded the liability of the doctors, believing that the death was attributable to the disease itself, not to professional shortcomings.
This decision raised significant questions about the distinction between loss of chance damages and death damages. The Court of Cassation, upon reviewing the appeal, confirmed that the compensable damage must be identified in the premature loss of the parental relationship and not in the mere loss of the chance of survival.
Principles of Compensation
The ruling reiterated that for the compensation of non-pecuniary damage, it is necessary to consider various factors, including:
- The nature of the suffering endured by the relatives;
- The loss of affection and relationships;
- The funeral expenses and medical costs incurred.
The Court had quantified the biological and moral damage based on equitable criteria, taking into account the severity of the suffering and the premature nature of the death. The Court of Cassation accepted the appellants' criticisms regarding the quantification of the damage and requested a re-evaluation upon remand.
Conclusions
The Cass. No. 5641 ruling of 2018 emphasizes the importance of a correct interpretation of the causal link in professional liability cases. It also signals the need for an equitable settlement of damages that takes into account the specifics of the case. This ruling will have a significant impact on future case law regarding healthcare liability and damages compensation, highlighting the need for greater attention to the rights of patients and their families.
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