Court of Cassation Civil Ruling No. 22136 of 2022: Reflections on Professional Liability and Damage Assessment
The recent ruling of the Court of Cassation No. 22136, issued on July 13, 2022, offers an important opportunity for reflection on professional liability in the healthcare sector and the correct assessment of non-pecuniary damages. The Court addressed central issues concerning the burden of proof and damage assessment, establishing principles that could influence future medical litigation.
Context of the Ruling
The case involved a patient, P.A., who suffered damages following aesthetic surgery procedures. The Court of Appeal of Florence confirmed the liability of the companies involved, establishing that they had violated their duty to inform and were liable for damages. However, the crucial issue emerged from the Court's decision regarding the assessment of legal costs and the personalization of damages.
The failure to rule on litigation expenses constitutes a violation of the constitutional right to effective judicial protection.
Principles of Liability and Damage Assessment
The Court reiterated that the assessment of non-pecuniary damages must follow equitable criteria and that the judge is required to adequately justify their decisions. In particular, it was highlighted that a failure to rule on a claim, as in the case of legal costs, constitutes a defect of omitted ruling. This is a fundamental principle in civil law, guaranteeing comprehensive judicial protection.
- The Court upheld the grounds of appeal concerning the violation of Articles 91 and 112 of the Code of Civil Procedure (c.p.c.).
- The applicability of recent legislation on damage assessment was confirmed, even for events that occurred before its entry into force.
- The obligation for the judge to provide adequate reasoning, especially regarding the personalization of damages, was emphasized.
Conclusions
This ruling represents an important affirmation of patients' rights and a guide for legal professionals in handling medical liability cases. The emphasis placed on the need for clear reasoning and the importance of adhering to procedural rules is a significant call to action for all legal operators. With this decision, the Court of Cassation not only clarifies the regulatory framework but also offers useful insights for the training and professional development of lawyers.
