Analysis of the Judgment Cass. civ., Sez. III, Ord. n. 18327 of 2023: Burden of Proof and Professional Liability
The ruling of the Court of Cassation, n. 18327 of 2023, has sparked extensive debate in the legal field regarding the responsibilities of healthcare professionals and the right of parents to be properly informed about the conditions of the unborn child. In this article, we will explore the legal implications of this ruling, focusing on the burden of proof and professional liability.
The Case Under Review
The Court examined the appeal presented by M. M. and W. W. regarding an alleged negligence by the doctor D. D. in the prenatal diagnosis of Down syndrome. The plaintiffs argued that the doctor’s error compromised their ability to decide on terminating the pregnancy, seeking compensation for both economic and non-economic damages. However, the Court upheld the rejection of the claim, highlighting the burden of proof on the plaintiffs.
In the case of an unwanted birth, the right to compensation for damages does not automatically arise from the violation of the duty to inform by the healthcare professional.
Burden of Proof and Professional Liability
The ruling clarified that the burden of proof rests on the parents, who must demonstrate not only the doctor’s error but also that, if properly informed, they would have opted for the termination of the pregnancy. This aspect is crucial, as it implies that the patient's choice must have been genuinely influenced by the incorrect information received.
- Establishment of medical error: the Court recognized the existence of an error in the diagnostic process.
- Proof of abortive intent: it was highlighted that the plaintiffs did not unambiguously demonstrate that they would have chosen to terminate the pregnancy.
- Serious danger to the mother's health: the decision excluded that the situation justified abortion.
Conclusions
The judgment Cass. civ., Sez. III, Ord. n. 18327 of 2023 represents an important reflection on the dynamics of professional liability in the healthcare sector. It underscores the necessity for rigorous proof by parents to claim compensation for damages resulting from incorrect information. This case highlights not only the legal complexities related to the issue of abortion but also the importance of clear and precise information from health professionals.
Bianucci Law Firm
We constantly follow regulatory and jurisprudential developments, offering updated analyses and innovative solutions. We share legal developments to foster a more informed legal culture.
Latest Articles
Categories
- administrative law (3)
- aesthetic damage (1)
- biological damage (1)
- bullying (3)
- burden of proof (1)
- case law (15)
- civil law (47)
- civil liability (40)
- civil_law (1)
- civil_liability (5)
- commercial law (1)
- compensation for damages (9)
- compensations (1)
- consumer law (1)
- contracts (1)
- Court of Cassation (1)
- Covid-19 (2)
- criminal law (5)
- criminal liability (1)
- Damage assessment (3)
- damage compensation (2)
- damages compensation (38)
- damages_compensation (10)
- employer_liability (1)
- employer_responsibility (1)
- European law (1)
- family law (4)
- family_law (3)
- financial law (1)
- health law (19)
- healthcare (2)
- healthcare law (1)
- healthcare liability (6)
- INAIL compensation (1)
- informed consent (2)
- inheritance law (1)
- insurance (5)
- insurance law (1)
- insurance_law (2)
- jurisdiction (1)
- jurisprudence (11)
- justice (1)
- labor law (21)
- labor_law (5)
- law of evidence (1)
- lease (1)
- legal expenses (1)
- liability (2)
- medical liability (13)
- medical malpractice (3)
- minors' rights (1)
- moral damage (3)
- neighboring rights (1)
- noise pollution (1)
- non-economic damage (1)
- Non-pecuniary damage (4)
- Occupational Disease (1)
- occupational diseases (4)
- occupational safety (1)
- occupational_diseases (1)
- prescription (1)
- prison system (1)
- private law (1)
- professional liability (19)
- property rights (1)
- protection of workers (1)
- protection of workers' rights (1)
- public administration (1)
- public administration liability (1)
- right to health (3)
- right to life (1)
- road accidents (5)
- self-determination (1)
- social security (2)
- social security law (1)
- statute of limitations (1)
- tax law (3)
- Tax litigation (1)
- technical consultancy (1)
- testimonial_evidence (1)
- tort law (4)
- tort liability (1)
- tourism law (1)
- wildlife (1)
- worker dignity (1)
- worker protection (1)
- workers' protection (1)
- workplace accidents (2)
- Workplace injuries (3)
- workplace safety (1)
Tags
Accident accident prevention law accidents accountant acoustic emissions active legitimacy art. 141 Insurance Code article 2087 civil code asbestos asbestos exposure biological damage blood transfusions burden of proof case law case_law Cassation Cassation ruling Catanzaro court catastrophic damage causal link childbirth civil law civil liability cohabitation compensatio lucri cum damno compensation compensation action compensation for damages compensation tables congenital malformations Consob Consumer Code contagion contractual liability corporate liability Court of Appeal Court of Cassation Court of Cassation 19744/2014 Covid-19 criminal law criminal liability damage assessment damage compensation damage evidence damages damages assessment damages compensation death diagnostic errors differential damage disability insurance dismissal emotional bond emotional bonds employer liability employer_liability equity evidence failure to supervise family law guidelines gynecologist HCV health law healthcare liability heating systems heirs hepatitis C virus I.N.A.I.L. iatrogenic damage iatrogenic injury INAIL income tax indemnity indemnity law informed consent injury from fall insurance insurance coverage insurance policies insurance policy intentional injuries joint liability judgment judgment 3767/2018 jurisdiction jurisprudence labor law landlord liability law law 194 legal expenses Legislative Decree 81/2008 legitimate reliance liability Lyell syndrome maintenance of public works malpractice Marche Region medical expenses medical liability medical malpractice medical negligence medical record mesothelioma Milan Court Milan ruling Ministry of Justice mobbing monetary penalty moral damage municipal liability Naples negligent arson newborn non-economic damage non-economic_damage non-pecuniary damage nosocomial infection nosocomial infections oath occupational disease occupational diseases occupational health package travel parental damage parental liability parental supervision passengers pension personal injuries personal injury pets premature birth professional liability property rights psychological suffering public administration public liability refusal of transfusion remedy Revenue Agency right to compensation right to health right to life road accident road accidents road traffic accidents ruling ruling 1361/2014 ruling 2023 ruling 5947 ruling Court of Naples safety safety of systems safety regulations self-determination settlement statute of limitations strepitus fori substitution Supreme Court Supreme Court 2023 Supreme Court ruling Supreme Court ruling 2023 surgical intervention survivor's pension survivors' pension tax law taxation technical consulting technical liability testimonial evidence tort liability traffic accident unjust detention unlawful occupation usufruct VAT water damage wildlife witness testimony Work work environment work-related liability. work-related stress worker health workers' rights workplace accident workplace accidents workplace injuries workplace safety