Medical Liability and Loss of Chance: Commentary on Cass. Civ. Judgment no. 37740 of 2022

Judgment no. 37740 of 2022 by the Court of Cassation represents an important ruling on medical liability, with particular reference to the concept of 'loss of chance'. The Court, examining the case of A.A., B.B., and C.C., relatives of a deceased patient, highlighted the obligations of doctors and the consequences of any omissions in diagnosis and treatment. This article aims to analyze the main legal aspects of the judgment, making the implications for patients and health professionals understandable.

The Case and the Court's Decisions

In the case under review, the appellants contested the decision of the Court of Appeal of Lecce which had rejected the claim for damages against the Local Health Authority. The lower courts had recognized temporary biological damage but had not found liability for permanent damage or loss of chance. The Court of Cassation partially upheld the appeal, highlighting how the Court of Appeal had failed to consider decisive elements regarding the worsening of the patient's condition.

The doctor's liability is based on the obligation to adopt conduct in accordance with the standards of diligence and professional competence.

The Issue of Loss of Chance

A crucial aspect of the judgment concerns the definition and claim for compensation for loss of chance. The Court clarified that such a claim must be explicitly formulated and cannot be considered implicit in a general claim for damages. In fact, a chance is not a mere expectation but represents the deprivation of a concrete possibility of improvement in the patient's situation. The Court reiterated that loss of chance must be assessed in terms of seriousness and substance.

• A chance cannot be considered as a mere desire or hope for a positive outcome.
• It is necessary for the claim for damages to be clearly outlined, in order to ensure a correct assessment by the judge.
• Medical liability requires clear proof of the causal link between the omission and the damage suffered.

Implications for Medical Liability

Judgment Cass. no. 37740 of 2022 has important implications for health professionals and the healthcare system. It underscores the need for diligent and attentive conduct by doctors, especially in cases where patients have critical health conditions. Healthcare providers must be aware that any omission or error in diagnosis and treatment can lead to legal liability.

Conclusions

In summary, the judgment of the Court of Cassation no. 37740 of 2022 offers an important reflection on medical liability and the protection of patients' rights. It highlights the importance of correct formulation of claims for damages and the need for adequate reasoning by judges. Clarity and precision in claiming damages for loss of chance are fundamental elements to ensure fair and timely justice.