Medical Liability: Analysis of Judgment Cass. civ., Section III, Ord. no. 14001 of 2024

The recent judgment of the Court of Cassation, Third Civil Section, no. 14001 of May 20, 2024, offers an important reflection on professional liability in the healthcare sector. In this case, the appellant, A.A., challenged a decision by the Court of Appeal of Ancona which had rejected his claim for damages resulting from dental surgery. The Court highlighted the importance of proving the causal link between the healthcare professional's conduct and the damage suffered, establishing strict criteria for assessing medical liability.

The Legal Context of Medical Liability

Medical liability is governed by Article 1218 of the Civil Code, which states that the debtor (in this case, the doctor or healthcare facility) is liable for the breach of contractual obligations. However, it is the patient's responsibility to demonstrate the causal link between the doctor's conduct and the damage suffered. This judgment reiterates the burden of proof on the patient, a principle already established by case law.

• The patient must prove the existence of a contract with the healthcare professional.
• They must demonstrate the onset or worsening of the pathology.
• Concrete evidence of the causal link between the procedure and the damage is necessary.

The Court held that the failure to prove the causal link renders the compensation claim inadmissible.

Analysis of the Judgment and Practical Implications

In the judgment, the judges emphasized that the appellant failed to demonstrate the causal link between the procedure and the loss of teeth. The Court highlighted that proof of damage must be clear and not based on assumptions. Furthermore, it was pointed out that the use of a plastic mouthguard did not constitute a breach of good medical practice, as it was not proven to be the cause of the loss of the dental elements.

This decision has significant practical implications for patients intending to take legal action against healthcare professionals. It is crucial that solid and documented evidence, such as medical reports and testimonies, is collected to demonstrate the causal link.

Conclusions

Judgment no. 14001 of 2024 by the Court of Cassation reaffirms the principle that in medical liability cases, the patient bears the burden of proving not only the damage suffered but also the causal link with the healthcare professional's conduct. This requires adequate preparation and accurate evidence collection. For legal professionals, it is crucial to assist clients in preparing robust documentation to support their compensation claims.