Cass. Civ., Ord. no. 18815 of 2024: Reflections on Professional Liability in Health Matters and the Right to Life
The recent order of the Court of Cassation, no. 18815 of 2024, offers important food for thought regarding the professional liability of healthcare operators and the rights of the unborn. The case in question involves a minor, A.A., whose parents sued the Local Health Authority of Brindisi and the heirs of a doctor for negligence in diagnosing congenital malformations during pregnancy.
The Context of the Ruling
A.A.'s appeal is based on an alleged inadequacy in the professional service received, which allegedly prevented the mother from considering the option of terminating the pregnancy. The Court of Appeal of Lecce, however, had already rejected the appeal, limiting the recognition of the right to compensation exclusively to the parents. This approach raised fundamental questions: does the unborn child have the right to claim compensation for their life conditions, or is this right exclusive to the parents?
The ruling of the Court of Cassation draws attention to the need to consider the unborn child's right to live without prejudicial limitations, highlighting the legal implications of medical liability.
The Implications of the Decision
The first ground of appeal presented by A.A. highlighted the failure to consider the provisions of Law no. 194 of 1978, which regulates the termination of pregnancy. The Court had to address the issue of the right to compensation in relation to Articles 2, 3, 29, 30, and 32 of the Constitution, which protect fundamental human rights. Although the Tribunal had recognized the healthcare professional's liability, it denied the right to compensation, arguing that the damage from an unwanted birth could not be attributed to the child itself.
- Healthcare professional liability
- Right to compensation for damage from unwanted birth
- Legal implications of Law no. 194/1978
Conclusions
Ruling no. 18815 of 2024 represents an important judicial precedent that invites reflection on the delicate balance between professional responsibility and individual rights. The issue of compensation must not be limited to the parents, as the right to life and health of the unborn child is a matter of fundamental importance. The Court has thus opened a space for discussion on how current regulations can be interpreted to ensure adequate protection for the rights of the most vulnerable.
