Professional Liability: Analysis of the Judgment of the Court of Cassation No. 24073/2017
The judgment No. 24073 of 2017 of the Court of Cassation offers significant insights on the theme of professional liability in the healthcare sector. In particular, the Court examined a case of contractual breach by a Hospital Company, emphasizing the importance of correct diagnosis and the procedures to be followed during a surgical intervention.
The Case Addressed by the Court
The case in question involves the Bianchi Melacrino Morelli Hospital Company of Reggio Calabria and concerns a total nephrectomy performed on a patient, I.G. The surgeon, M.R., had diagnosed a neoplasm based on ultrasound and CT scan investigations, but had not proceeded with an immediate biopsy. This led to the total removal of the kidney, which later turned out to be affected by an infectious condition, requiring instead a partial nephrectomy.
The Court stated that the omission of the biopsy cannot be considered merely negligent behavior, but was recognized as etiologically relevant to the therapeutic choice made.
Analysis of Liability
The Court of Appeal had already established the liability of the Hospital Company and the doctor, and the Court of Cassation confirmed this decision. The contractual liability of the healthcare entity was based in this case on the violation of professional obligations and the necessity to follow diagnostic protocols. The Company attempted to appeal the judgment arguing that the absence of the biopsy would not necessarily have led to a correct diagnosis, but the Court clarified that:
- Liability must be assessed based on the abstract suitability of the omitted conduct to prevent harm.
- The diagnostic difficulty does not exclude the necessity of following the prescribed procedures.
- The burden of proof in case of breach lies with the healthcare entity.
Conclusions
The judgment of the Court of Cassation No. 24073/2017 represents an important precedent in the field of professional liability. It underscores how a lack of attention to diagnostic procedures can lead to severe consequences for patients. Healthcare operators and facilities must ensure that every medical act complies with care standards in order to avoid legal liability. The clarity of the regulations and their rigorous application are essential to protect both patients and health professionals.
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