Personal Injury and Medical Liability: Commentary on Cass. pen. n. 47801 of 2018

Judgment no. 47801 of 2018 by the Court of Cassation examined a case of medical liability in relation to a complex birth, highlighting how the omission of a gynecologist led to severe consequences for the newborn. Specifically, the case concerns personal injuries suffered by a child due to hypoxia during childbirth, which resulted in dystonic tetraparesis.

Context of the Judgment

The doctor in question, T.F., was accused of failing to implement the necessary measures to ensure the newborn's safety during a birth that showed signs of fetal distress. The Court of Appeal of Cagliari had upheld the Tribunal's conviction, decreeing the doctor's liability for omission, as he had not promptly proceeded with a cesarean section despite clear signs of risk. The Court of Cassation confirmed this decision, rejecting T.F.'s appeal based on arguments that questioned the classification of the pregnancy as "high-risk."

A doctor's responsibility is not limited to performing actions but also extends to the careful monitoring of the patient's clinical situation.

The Court's Arguments

The Court noted that the mother's pregnancy was post-term and showed signs of fetal distress, requiring particular attention. Based on current regulations and health guidelines, the gynecologist could not limit himself to ensuring his availability but had to actively monitor the situation and order the necessary corrective actions. The Court emphasized that the doctor's responsibility extends to all aspects of care, including oversight of the work of other members of the medical team.

Legal and Professional Implications

• Recognition of shared responsibility between the gynecologist and midwife in monitoring fetal distress.
• Importance of promptly implementing the necessary measures to ensure the newborn's health.
• The distinction between minor and gross negligence does not affect criminal liability if guidelines are not followed.

The judgment confirmed that the omission of timely intervention can constitute a serious breach of the duty of care, with direct consequences on the patient's health. Furthermore, the Court reiterated that doctors must always be aware of potential complications and intervene accordingly.

Conclusions

The case analyzed by the Court of Cassation offers important insights into medical liability and the importance of careful monitoring during childbirth. Healthcare professionals must be prepared to intervene decisively and promptly in high-risk situations to avoid irreparable consequences. Judgment no. 47801 of 2018 serves as a reminder of the responsibility and diligence required to ensure patient safety, especially during critical moments such as childbirth.