Medical Liability: Analysis of the ruling of Cass. civ., Section III, Ord. n. 14001 of 2024
The recent ruling of the Court of Cassation, Section III civil, n. 14001 of May 20, 2024, offers an important reflection on professional liability in the healthcare field. In this case, the appellant, A.A., challenged a decision of the Court of Appeal of Ancona that had rejected his request for compensation for damages resulting from a dental surgical procedure. The Court emphasized the importance of proving the causal link between the healthcare professional's conduct and the damage suffered, establishing rigorous criteria for evaluating medical liability.
The legal context of medical liability
Medical liability is governed by Article 1218 of the Civil Code, which states that the debtor (in this case, the doctor or healthcare facility) is responsible for the non-fulfillment of contractual obligations. However, it is the patient's responsibility to demonstrate the causal link between the doctor's conduct and the damage suffered. This ruling reaffirms the burden of proof on the patient, a principle already established by case law.
- The patient must prove the existence of a contract with the healthcare professional.
- They must demonstrate the onset or aggravation of the condition.
- Concrete evidence of the causal link between the intervention and the damage must be provided.
The Court held that the failure to prove the causal link results in the inadmissibility of the compensation request.
Analysis of the ruling and practical implications
In the ruling, the judges emphasized that the appellant failed to demonstrate the causal link between the intervention and the loss of teeth. The Court pointed out that the evidence of damage must be clear and not based on assumptions. Furthermore, it was highlighted that the use of a plastic mouthguard did not represent a violation of good medical practice, as it was not proven to be the cause of the loss of dental elements.
This decision has significant practical implications for patients who intend to take legal action against healthcare professionals. It is essential that solid and documented evidence is collected, such as medical reports and testimonies, that can demonstrate the causal link.
Conclusions
The ruling n. 14001 of 2024 by the Court of Cassation reaffirms the principle that in medical liability, the patient has the burden of proving not only the damage suffered but also the causal link with the conduct of the healthcare professional. This requires adequate preparation and careful collection of evidence. For legal professionals, it is crucial to assist clients in preparing robust documentation to support their claims for compensation.
