Medical Liability and Diagnostic Error Damages: Commentary on Judgment Cass. civ. no. 26851 of 2023

Judgment no. 26851 of 2023 by the Court of Cassation offers an important reflection on medical liability and the consequences of diagnostic errors. In this case, the error made by healthcare professionals had significant repercussions on the patient's life, worsening her health condition and reducing her chances of survival. Let's analyze the key points of the decision and its legal implications for health professionals.

Context of the Decision

The case concerns a diagnostic error regarding a tumor pathology, which led to the failure to administer adequate therapies. The Court of Appeal of Florence had initially recognized the ASL's (Local Health Authority) liability, assessing the consequences of the diagnostic error in terms of biological damage and loss of chance of survival. However, the ASL's appeal raised questions regarding the correct application of liability principles and damage assessment.

The Court confirmed that the diagnostic error had negatively influenced the evolution of the disease, recognizing damages for loss of chance and permanent biological damage.

Legal Issues Raised

• Burden of Proof: The judgment addresses the issue of the burden of proof, clarifying that the healthcare professional's liability must be assessed not only in terms of material causation but also legal causation.
• Damage Assessment: The Court distinguished between damages for loss of chance and damages for premature death (premorienza), emphasizing the need for an equitable assessment in cases of uncertainty regarding life expectancy.
• Personalization of Damages: The right to the personalization of biological damages was recognized, taking into account the specific circumstances of the patient's life.

Conclusions

Judgment no. 26851 of 2023 represents an important reference for case law on medical liability. It clarifies the criteria for damage assessment in cases of diagnostic errors and underscores the importance of correctly quantifying the consequences on the victim's life. The decision encourages health professionals to pay greater attention to the diagnosis and treatment of pathologies, in order to guarantee the right to health and avoid irreparable harm.