Analysis of Judgment Cass. Civ., Ord. no. 21415 of 2024: Medical Liability and Loss of Chance

Judgment no. 21415 of the Court of Cassation, issued on July 30, 2024, represents an important chapter in the debate on medical liability and damage compensation. In this article, we will explore the details of the decision, the legal principles applied, and the implications for patients and their relatives.

Context and Proceedings

The case concerns the appeal filed by the Local Health Authority no. 2 Lanciano Chieti Vasto against a judgment of the Court of Appeal of L'Aquila. The facts date back to a diagnostic error regarding an oncological pathology that led to a delay in treatment for the patient A.A., causing dramatic consequences, including the loss of a chance of survival.

The Tribunal had recognized damages for loss of chance, liquidating various types of damages, including moral damages. However, the Court of Appeal made modifications to the decision, leading to the appeal to the Court of Cassation, which questioned the methods of calculating damages and the reasoning behind the judgment.

Legal Principles and Errors Identified

The Court highlighted that damage for loss of chance must be distinguished from damage for premature death, with specific implications for compensation.

The Court of Cassation upheld the grounds for appeal, emphasizing the need to distinguish between damage for loss of a chance of survival and damage for premature death. It emerged that a confusion between these two concepts can lead to an incorrect calculation of damages.

• Damage for loss of chance must be ascertained based on probability criteria.
• Damage for premature death is not transmissible iure successionis.
• The assessment of damages must be supported by concrete evidence and clear reasoning.

In particular, the Court criticized the Court of Appeal for not adequately justifying the percentage of loss of chance and for confusing the different categories of damage, thus violating the principles of clarity and specificity required by the Code of Civil Procedure.

Conclusions

Judgment no. 21415 of 2024 represents an important clarification on medical liability. It underscores the importance of correct interpretation and application of compensation principles, with particular reference to the distinction between damage for loss of chance and damage for premature death. This decision not only offers valuable insight for legal professionals but also for patients and their families, who must be aware of their rights and the possibilities for compensation in cases of medical error.