Professional Liability and Non-Pecuniary Damages: Commentary on Judgment Cass. civ., Section III, no. 14245 of 2024

The recent judgment of the Court of Cassation, Third Civil Section, no. 14245 of 2024, offers important food for thought on professional liability in the healthcare sector and compensation for non-pecuniary damages. The case originated from the death of a patient, E.E., due to lung cancer, and the conduct of a doctor, A.A., who proposed an unauthorized alternative treatment, promising a cure and inducing the family members to discontinue traditional care.

The Case: Aspects of Liability

The appeal filed by A.A. was based on four grounds, but the Cassation confirmed the previous decisions that had found the doctor liable for pecuniary and non-pecuniary damages. In particular, the Court of Appeal of Florence had argued that the doctor's liability was not limited to the death but extended to the suffering endured by the family members, highlighting the causal link between the fraudulent conduct and the emotional pain suffered by the relatives.

The Court emphasized the need to protect the patient's right to self-determination, violated by the doctor's false promises.

Non-Pecuniary Damages and the Right to Self-Determination

A crucial aspect of the judgment is the assertion that non-pecuniary damages, such as emotional pain and suffering, are also compensable. This aligns with the principle of protecting human dignity, provided for by Article 2 of the Italian Constitution. The Court recognized that the family members not only suffered moral damage but also had their right to choose regarding their relative's treatment compromised.

• Liability extends beyond the immediate consequences of death.
• The right to self-determination must be protected even in situations of vulnerability.
• Compensation includes pecuniary and non-pecuniary damages.

Conclusions

Judgment Cass. civ., Section III, no. 14245 of 2024 represents an important step forward in Italian jurisprudence regarding professional liability in the healthcare sector. It reiterates the importance of protecting the rights of patients and their family members and ensuring that fraudulent conduct does not go unpunished. The protection of self-determination and the recognition of non-pecuniary damages are fundamental to ensuring fair justice that respects human dignity.