The Court of Cassation and Compensation for Unlawful Deprivation of Liberty: Cass. civ. n. 33290 of 2024
The ruling of the Court of Cassation n. 33290 of 2024 provides an important clarification regarding civil liability connected to the unlawful deprivation of liberty through compulsory health treatment (TSO). In this case, the Court reiterated that, despite the illegitimacy of the TSO, compensation for damages cannot be automatically recognized but must be proven.
The Context of the Ruling
In the case examined, A.A. had undergone a TSO declared unlawful, for which he sought compensation for damages. The Court of Appeal of Ancona had rejected the claim, arguing that adequate proof of the damage suffered had not been provided. The Court of Cassation, in reviewing the case, highlighted the necessity of demonstrating the existence of unjust damage as a consequence of the deprivation of liberty.
The Court emphasized that the annulment of the TSO does not relieve the applicant from the burden of proving the damage suffered.
Legal Implications
The ruling invokes important legal principles, particularly those relating to Articles 2043 and 2059 of the Civil Code and the rights enshrined in the Italian Constitution and the European Convention on Human Rights. In particular, the Court of Cassation emphasized that every health treatment, even if unlawful, requires a careful assessment of the damages suffered, which cannot be considered in re ipsa.
- The TSO must be motivated and justified by a situation of health emergency.
- The applicant must demonstrate the existence of material or non-material damage resulting from the treatment received.
- The psychological fragility of the patient should not be considered an excuse to deny the assessment of damage.
Conclusions
The ruling of the Court of Cassation n. 33290 of 2024 represents a significant reference point in Italian jurisprudence regarding compensation for damages from unlawful TSO. It reaffirms the importance of proof in quantifying non-material damage, emphasizing that even in cases of violation of fundamental rights, the injured party must demonstrate the negative consequences suffered. Therefore, this case serves as a warning for healthcare facilities and competent authorities to adhere to the principles of legality and respect for individual rights.
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