Medical liability and damage from diagnostic error: commentary on the ruling of the Court of Cassation no. 26851 of 2023
The ruling no. 26851 of 2023 by the Court of Cassation offers an important reflection on medical liability and the consequences of a diagnostic error. In this case, the mistake made by the healthcare professionals had significant repercussions on the patient's life, worsening her health condition and reducing her chances of survival. Let us analyze the key points of the decision and the legal implications for health professionals.
The context of the decision
The case concerns a diagnostic error regarding a tumor pathology, which led to a failure to administer appropriate therapies. The Court of Appeal of Florence initially recognized the liability of the Local Health Authority (ASL), assessing the consequences of the diagnostic error in terms of biological damage and loss of chance of survival. However, the ASL's appeal raised questions regarding the correct application of the principles of liability and damage assessment.
The Court confirmed that the diagnostic error had negatively affected the evolution of the disease, recognizing the damage from loss of chance and permanent biological damage.
The legal questions raised
- Burden of proof: The ruling addresses the issue of the burden of proof, clarifying that the liability of the healthcare professional must be evaluated not only in terms of material causality but also of legal causality.
- Assessment of damage: The Court distinguished between damage from loss of chance and damage from premature death, emphasizing the need for an equitable assessment in case of uncertainties regarding life expectancy.
- Customization of damage: The right to customize biological damage was recognized, taking into account the specific circumstances of the patient's life.
Conclusions
The ruling no. 26851 of 2023 represents an important reference for jurisprudence concerning medical liability. It clarifies the criteria for evaluating damage in case of diagnostic error and emphasizes the importance of correctly quantifying the consequences on the victim's life. The decision urges health professionals to pay greater attention in diagnosing and treating diseases, in order to ensure the right to health and to avoid irreparable harm.
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