Professional Liability and Non-Economic Damages: Commentary on the Judgment of the Court of Cassation, Section III, No. 14245 of 2024
The recent ruling by the Court of Cassation, Civil Section III, No. 14245 of 2024, provides important insights into professional liability in the healthcare sector and the compensation for non-economic damages. The case originated from the death of a patient, E.E., due to lung cancer, and the actions of a doctor, A.A., who proposed an unauthorized alternative treatment, promising a cure and inducing the family to discontinue traditional care.
The Case: Aspects of Liability
The appeal filed by A.A. was based on four grounds, but the Cassation confirmed the previous decisions that had condemned the doctor for both economic and non-economic damages. In particular, the Court of Appeal of Florence had argued that the doctor's liability extended beyond the death, encompassing the suffering experienced by the family members, highlighting the causal link between the fraudulent conduct and the emotional pain endured by the relatives.
The Court emphasized the necessity of protecting the patient's right to self-determination, which was violated by the doctor's false promises.
Non-Economic Damages and the Right to Self-Determination
A crucial aspect of the ruling is the assertion that non-economic damages, such as pain and emotional suffering, are compensable. This aligns with the principle of safeguarding human dignity, as stipulated in Article 2 of the Italian Constitution. The Court recognized that the family members not only suffered moral damage but also saw their right to choose regarding the treatment of their loved one compromised.
- Liability extends beyond the immediate consequences of death.
- The right to self-determination must be protected even in situations of vulnerability.
- Compensation includes both economic and non-economic damages.
Conclusions
The ruling of the Court of Cassation, Section III, No. 14245 of 2024 represents an important advancement in Italian jurisprudence regarding professional liability in the healthcare sector. It reiterates the importance of protecting the rights of patients and their families and ensuring that fraudulent conduct does not go unpunished. The protection of self-determination and the recognition of non-economic damages are fundamental to ensuring a fair justice system that respects human dignity.
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