Analysis of Judgment No. 7335/2023 of the Court of Naples on Professional Liability in Healthcare

Judgment No. 7335 of July 14, 2023, issued by the Court of Naples, offers important insights into professional liability in the healthcare sector. In this case, the heirs of a deceased patient sought compensation for damages, alleging that the death was caused by medical negligence. The judgment focuses on the principles of healthcare liability and the right to compensation for family members.

Context of the Judgment

The lawsuit was initiated by the heirs of P. S., who died in 2013 after a prolonged clinical course characterized by complications. The plaintiffs argued that the death was attributable to nosocomial infections contracted during hospitalization at the defendant healthcare facility, A.N.C. The judgment recalls that, according to jurisprudence, liability for damages arising from medical negligence is of an extracontractual nature.

• Recognition of the healthcare facility's liability.
• Ascertainment of healthcare professionals' negligence through a Technical Consulting Office (CTU).
• Compensation for non-pecuniary damages and loss of chances.

The liability of the healthcare facility cannot be limited to individual operators but must extend to the entire organization and the protocols followed.

Principles of Healthcare Liability

The judgment clarifies that professional liability in healthcare is not limited to the contractual relationship between patient and doctor but also extends to family members who may seek compensation for damages suffered. The Court of Cassation has repeatedly affirmed that, in the event of a patient's death, family members are entitled to compensation for the loss of the parental relationship and for the suffering endured.

In particular, the Court ruled that:

• The heirs have the right to seek compensation for non-pecuniary damages.
• It is the burden of the healthcare facility to demonstrate that it has complied with regulations and protocols for the prevention of nosocomial infections.
• The causal link between the conduct of the healthcare professionals and the patient's death must be proven in probabilistic terms.

Conclusions

Judgment No. 7335/2023 of the Court of Naples represents a significant step forward in protecting the rights of patients and their families in cases of medical negligence. It highlights the need for healthcare facilities to adopt adequate measures to prevent nosocomial infections and to demonstrate compliance with current regulations. In a context where professional liability is increasingly scrutinized, this judgment offers a useful point of reflection for all operators in the sector.