Judgment No. 5380/2023 of the Court of Cassation offers an important reflection on the liability of healthcare facilities in the context of damages suffered by patients during childbirth, in light of a case involving the newborn C.C. and his family. This decision marks a crucial benchmark for assessing professional liability and the management of healthcare emergencies.
In the case at hand, spouses A.A. and B.B. sued the Local Health Authority of Lecce and the involved physicians for damages resulting from the severe injuries sustained by their son at birth. The Court of Appeal of Potenza had initially rejected the claim for compensation, but the Court of Cassation, with its 2009 judgment, had accepted the appeal limited to the hospital facility's liability, highlighting how the correct management of a premature birth was fundamental.
The rejection of the compensation claim against a physician does not exclude the hospital facility's liability.
The Court reiterated that, in cases of high-risk childbirth, demonstrating the correctness of the physicians' actions is not sufficient to exclude the healthcare facility's liability. In particular, inadequate equipment and delays in transferring to a specialized center can constitute significant causal factors for the occurrence of damages. The judgment emphasized that the facility's liability can be autonomous and direct, even in the presence of correct conduct by the medical staff.
Judgment No. 5380/2023 represents an important affirmation of the principle that healthcare facilities must guarantee adequate standards to address emergency situations. Responsibilities cannot be delegated solely to physicians; the facility must be capable of responding efficiently to patient needs. This case underscores the importance of continuous assessment of available resources and equipment in healthcare facilities to ensure adequate protection for patients, especially in critical situations such as premature birth.