Doctor's Liability for Failure to Diagnose Fetal Malformation: Ruling No. 16967 of 2024

The issue of medical liability is always highly relevant, and the recent ordinance No. 16967 of the Court of Cassation of June 19, 2024, offers important clarifications regarding the consequences of the failure to diagnose fetal malformation. In particular, the ruling focuses on the importance of information and the parents' right to adequately prepare for the possibility of giving birth to a child with malformations.

Context of the Ruling

The Court ruled on a case where the doctor had failed to diagnose a fetal malformation, causing significant harm to the parents, who had not had the opportunity to prepare psychologically for the child's arrival. The Court established that not only the failure to terminate the pregnancy constitutes damage, but also the impossibility of organizing one's life in a way compatible with the child's future care needs, as highlighted by the maxim:

Failure to diagnose fetal malformation - Damages from violation of the right to terminate pregnancy and the right to information - Autonomy - Basis. In the context of a doctor's liability for failure to diagnose fetal malformation, the damage resulting from the impossibility of psychological preparation for childbirth (e.g., by timely organizing life in a way compatible with the child's future care needs or seeking psychotherapy) constitutes a prejudice distinct from that related to the failure to terminate the pregnancy, given the autonomous relevance of information aimed at avoiding or mitigating the suffering induced by the aforementioned event, regardless of any instrumental aspect with respect to the woman's possible abortion choice.

Relevance of the Right to Information

The ruling emphasizes the importance of the right to information for parents. This right is fundamental not only for making informed decisions regarding the possibility of terminating the pregnancy but also for facing the parental journey with the necessary awareness. Timely information allows parents to:

• Prepare psychologically for the child's arrival.
• Organize their lives to meet the child's care needs.
• Access psychological support to cope with potential difficulties.

Italian jurisprudence, as well as European regulations, recognize the importance of guaranteeing parents' right to self-determination, both in the preventive phase and during the management of pregnancy.

Conclusions

Ruling No. 16967 of 2024 represents a step forward in protecting parents' rights and doctors' professional responsibility. It clarifies that the damage arising from the failure to diagnose fetal malformation is not limited to the failure to terminate the pregnancy but also includes the impossibility of adequately preparing for such a significant event. It is crucial for healthcare professionals to be aware of this responsibility and to ensure clear and timely information to avoid further suffering for parents and to promote conscious parenthood.