Professional Liability in Healthcare: Commentary on the Vicenza Court Ruling No. 262/2023

On February 2, 2023, the Court of Vicenza issued a ruling of particular relevance regarding professional liability in healthcare, rejecting the compensation claims filed by P.A.L.F. for the death of their mother, B.R., which occurred following a Covid-19 infection during a hospital stay. The ruling highlighted several legal and factual aspects that warrant careful analysis.

The Case and the Plaintiff's Claims

The lawsuit was initiated by P.A.L.F., who argued that the Covid-19 infection occurred within the San Bortolo Hospital of Vicenza due to negligence on the part of the healthcare facility. The plaintiff sought compensation for pecuniary and non-pecuniary damages, quantifying the claims at over 367,000 euros.

• Pecuniary damages for funeral expenses: 2,700 euros.
• Non-pecuniary damages for loss of parental relationship: 284,394.30 euros.
• Terminal biological damage: 30,000 euros.
• Terminal moral damage: 50,000 euros.

The defendant, Azienda ULSS 8 B., argued instead that the infection could have occurred before admission and that no negligence was found in the patient's management.

The healthcare facility's liability must be proven with a causal link between the infection and its conduct.

The Court's Assessments

The Judge, examining the evidence, highlighted that the patient was admitted on April 1, 2020, and the swabs performed on April 2 and 6 tested negative. Only the swab on April 15 showed a positive result for the virus, thus suggesting that the infection might have occurred before admission. This led the Judge to conclude that proof of a causal link between the facility's conduct and the death was not sufficiently demonstrated.

Furthermore, it was ascertained that the hospital had complied with the safety protocols in place during that critical period. Testimonies from various healthcare professionals confirmed the adoption of adequate protective measures to prevent the spread of the virus.

Conclusions

The ruling of the Court of Vicenza represents an important precedent in healthcare liability. It underscores the necessity of demonstrating a clear causal link between the facility's conduct and the damage suffered by the patient. Moreover, it highlights how the prevention measures adopted by hospitals during the pandemic emergency were deemed adequate to exclude liability for nosocomial infection.

In conclusion, despite the pain of loss, jurisprudence requires solid and clear evidence when attributing liability in complex contexts such as healthcare, especially during a period characterized by uncertainties like the Covid-19 pandemic.