Analysis of Supreme Court Civil Ruling no. 5641 of 2018 on Medical Liability

Ruling no. 5641 of the Court of Cassation, issued on March 9, 2018, represents an important precedent in matters of professional liability in the healthcare sector. The dispute concerned compensation for damages by the Villa Mafalda Clinic following the death of a patient, D.G.P., due to diagnostic errors and an unnecessary surgical procedure. This case offers numerous points for reflection on the interpretation of medical liability and the assessment of damages.

Context of the Ruling

The Court of Appeal of Rome had partially accepted the compensation claim of the patient's heirs, arguing that the doctors had not directly caused the patient's death but had instead reduced her chances of survival. The Court of Cassation, however, held that compensation should be identified in the loss of the parental relationship, highlighting the importance of distinguishing between loss of chance damage and death damage.

Causation and Damage Assessment

A crucial aspect of the ruling concerns the causal link between medical error and the patient's death. The Court established that, although the doctors' breaches of duty had not caused the death, they had a significant impact on the patient's quality of life and the suffering of her family members. The assessment of damages was carried out taking into account various factors, including:

• Biological damage: compensated based on the intensity of suffering and the duration of the lost life.
• Moral damage: calculated as a fraction of biological damage.
• Damage from loss of parental relationship: equitably compensated considering the emotional bond and the impact on the lives of the relatives.

The Court clarified that medical liability is not limited to mere diagnosis but extends to all phases of patient treatment.

Conclusions

Ruling no. 5641 of 2018 by the Court of Cassation underscores the importance of a correct interpretation of responsibilities in the healthcare sector, highlighting the need for a thorough analysis of causation in cases of compensation claims. It establishes an important precedent for future cases of professional liability, drawing attention to how damages should be assessed equitably and proportionally to the suffering and losses incurred by family members. In such a complex legal context, it is essential for legal professionals to be prepared to handle similar situations with due competence and sensitivity.