Prescription and Responsibility of the Ministry of Health: Commentary on Judgment No. 7553 of 2012
The judgment No. 7553 of 2012 of the Court of Cassation represents an important ruling regarding civil liability and the prescription of rights to compensation for damages, particularly in the context of infections contracted as a result of transfusions of infected blood. This decision offers useful insights into the actions of the Ministry of Health and the timelines for victims to request compensation.
The Case Under Examination
In this case, D.C.M. and D.B.N. had sued the Ministry of Health to obtain compensation for damages resulting from the HIV infection contracted by a hemophiliac minor following a transfusion of infected blood in 1987. The Court of Appeal of Rome had initially rejected the Ministry's appeal, highlighting its responsibility for monitoring blood safety. However, the Ministry appealed this decision, bringing the case to the Court of Cassation.
Main Grounds for Appeal and Decision of the Cassation
The responsibility of the Ministry of Health for damages resulting from infections with HBV, HIV, and HCV viruses contracted by transfused individuals is of an extracontractual nature.
Among the grounds for appeal of the Ministry, the issue of prescription stood out, which according to the appellant should be five years for damages requested iure hereditatis and ten years for those iure proprio. The Court of Cassation accepted the third ground of appeal, establishing that the prescription for damages requested iure hereditatis is indeed five years. This decision is based on the consideration that both types of damage derive from a single unlawful act, namely the administration of infected blood.
Implications for Victims and the Ministry
- Clarity on Prescription Terms: The ruling clarifies that the prescription term for requesting compensation in the event of damages from infections transmitted through transfusions varies depending on the nature of the damages.
- Responsibility of the Ministry: The Court states that the Ministry has an obligation to oversee blood safety, and its negligence may result in compensatory consequences.
- Relevance of Knowledge: The commencement of the prescription is linked to the perception of damage and not to the moment it manifests clinically, which can influence the timing of compensation requests.
Conclusions
Judgment No. 7553 of 2012 provides an important clarification on the matter of civil liability in the healthcare sector, highlighting the obligation of the Ministry of Health to ensure the safety of transfusions and the specific timelines for submitting compensation claims. Victims of infections contracted as a result of transfusions must be aware of their rights and the ways to request compensation, considering the implications of this decision for future cases.
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