The Supreme Court on Compensation Action for Blood Transfusions: Order No. 20882 of 2018
The recent order of the Supreme Court No. 20882 of August 22, 2018, fits into a particularly significant legal context concerning the liability of the Ministry of Health for damages arising from blood transfusions with contaminated blood. This ruling clarifies some fundamental aspects of the statute of limitations and active standing in compensation claims, highlighting the complexity of legal proceedings in health matters.
The Context of the Ruling
In this order, the Court examined the appeal of S. R. and others against the Ministry of Health regarding the compensability of damages suffered due to blood transfusions carried out with contaminated blood. The Court of Appeal of Rome had already expressed its opinion, establishing that the Ministry's liability was of an extracontractual nature, thus applying the five-year statute of limitations for compensation claims.
The responsibility of the Ministry of Health for damages from blood transfusion of contaminated blood is extracontractual, subject to a five-year statute of limitations.
Analysis of Legal Principles
The Court reaffirmed some fundamental legal principles:
- The responsibility of the Ministry of Health is extracontractual and subject to a five-year statute of limitations, pursuant to Article 2947 of the Civil Code.
- The starting point for the statute of limitations is identifiable with the date of filing the administrative claim.
- Claims for compensation submitted after the statute of limitations period are inadmissible.
These principles were also applied in the evaluation of passive standing, confirming that the Ministry was responsible for the lack of oversight on blood safety.
Conclusions
The ruling of the Supreme Court No. 20882 of 2018 fits into a highly relevant legal context, emphasizing the importance of a correct interpretation of the norms concerning health liability. With this order, the Court not only confirmed the extracontractual nature of the Ministry of Health's responsibility but also clarified the applicable limitation periods, thus providing important points for reflection for all actors involved in the field of health law.
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