Professional Liability: Analysis of Judgment No. 1797/2019 of the Court of Appeal of Milan

Judgment No. 1797/2019 of the Court of Appeal of Milan has emphasized issues of great importance in the field of professional liability in healthcare. The case, involving a child suffering from meningoencephalitis, highlighted the consequences of medical negligence and the criteria for quantifying compensable damages. In this article, we will delve into the main legal issues raised by the judgment, analyzing the implications for civil liability and damage assessment.

Context of the Judgment

The case originated from the birth of a child, F.M., on March 7, 2008, who, following inadequate treatment at an emergency room, suffered severe health damage. The Court found that the physician, M.S.B., did not possess the necessary professional qualifications and ordered both the physician and the Hospital Authority to compensate for the damages. Specifically, the judgment recognized over one million euros in non-pecuniary damages to the minor and a life annuity to ensure continuous care.

The Court established that civil liability must be assessed based on the professional's conduct and current guidelines, highlighting the importance of timely diagnosis to ensure patient health.

Key Elements of the Judgment

The judgment focuses on several crucial aspects:

• Causation: The Court confirmed the existence of a causal link between the physician's negligent conduct and the damage suffered by the minor, emphasizing how a timely diagnosis could have significantly reduced the risk of complications.
• Damage Assessment: It was established that non-pecuniary damages must be assessed based on criteria that consider the severity of the injury and the need for future care. The Court granted the request for a life annuity for the minor, given his permanent condition.
• Liability of the Hospital Authority: The Court recognized the joint and several liability of the Authority, highlighting the absence of an adequate control system to ensure that only qualified personnel operated in the pediatric emergency service.

Conclusions

Judgment No. 1797/2019 of the Court of Appeal of Milan represents an important precedent in healthcare professional liability. It not only clarifies the limits and responsibilities of healthcare professionals but also establishes clear criteria for quantifying compensable damages, emphasizing the need to adequately protect victims of healthcare negligence. It is crucial for healthcare facilities to adopt preventive measures to avoid the recurrence of similar incidents, ensuring patient safety and health.