Analysis of Judgment Cass. Civ., Section III, No. 26851 of 2023: Medical Liability and Damages Compensation
Judgment No. 26851 of 2023 by the Court of Cassation offers important food for thought on medical liability and damages compensation. In this case, the Court addressed the issue of diagnostic error and its consequences for patients and their families. The decision underscores the complexity of the relationship between medical error and damage, highlighting how jurisprudence evolves to protect the rights of those who have suffered harm.
The case examined by the Court
The appeal filed by the Healthcare Company refers to a diagnostic error concerning a patient suffering from invasive ductal carcinoma. The error, which occurred in 2006, led to an incorrect diagnosis and subsequent therapeutic omission, with serious consequences for the patient. The Court of Appeal of Florence had initially granted the claim for compensation, recognizing the differential damage and the loss of chances of survival.
Legal implications of the judgment
Medical liability is not limited to the mere administration of therapies but involves a set of duties of diligence and competence on the part of healthcare professionals.
- Diagnostic error: the Court confirmed that an error in diagnosis can have devastating consequences for the patient, resulting in liability for the healthcare professional.
- Biological damage: the damage recognized is not only economic but also includes the quality of life and the suffering endured by the patient.
- Loss of chances: the judgment reiterates the importance of evaluating not only the damage suffered but also the possibility of a better life, which may have been compromised by the medical error.
Conclusions
Judgment No. 26851 of 2023 marks an important step in Italian jurisprudence on medical liability. It highlights how, even in the presence of a diagnostic error, it is crucial to consider the long-term effects on the patient's life. Victims of medical errors can find jurisprudence an ally in their fight to obtain justice and compensation, making the protection of patients' rights increasingly central in legal debate.
