FNOMCeO
Corte di Cassazione ordine , n. 31332
Medici ospedalieri – non-recognition of moral damage
Corte di Cassazione ordine , n. 31332 – Medici ospedalieri – non-recognition of non-material damage – The Supreme Court observed that, in matters of civil liability, the unitary and all-inclusive nature of non-material damage must be interpreted as meaning that it can refer to any injury to a Constitutionally protected interest or value not susceptible to economic evaluation, with the consequent obligation, for the judge of merit, to take into account, for compensation purposes, all the consequences «in peius» deriving from the event of damage, none excluded, and with the concurrent limit of avoiding duplication by attributing different names to identical prejudices.It follows that, for liquidation purposes, an investigation must be carried out aimed at ascertaining the concrete and not abstract damage, giving entry to all the necessary means of proof, ivi including the well-known fact, the maxims of experience and presumptions, evaluating separately, when quantifying the non-pecuniary damage to health, the consequences suffered by the injured party in his inner sphere, so-called moral damage, compared to the incident effects on the dynamic-relational level autonomously compensable.
Author: Chiara di Lorenzo — Legislative Office FNOMCeO
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