amendable damage biological damage birth injuries blood transfusion blood transfusions burden of proof case law Cassation causal link causation childbirth civil law compensation compensation for damages congenital malformations contagion Court of Appeal Court of Cassation Covid-19 criminal law damage compensation damage from loss of chance damages compensation diagnostic error disability Down syndrome embezzlement good faith guidelines gynecologist health law health laws health safety iatrogenic injury informed consent insurance policy involuntary manslaughter law 194 loss of chance malpractice medical liability medical negligence Milan ruling moral damage non-economic damage non-pecuniary damage nosocomial infections personal injuries personal injury premature birth prescription professional liability right to compensation right to health ruling 2023 statute of limitations Supreme Court Supreme Court ruling wrongful birth