Italian courts clarify compensation for delayed diagnoses and informed‑consent disputes

The Italian Supreme Court (Corte di Cassazione) ruled that a delayed medical diagnosis can constitute damage even if the injury’s final outcome is unchanged. In the cited case, a patient suffered a vertebral fracture that was missed for thirty days, prolonging pain and loss of daily activities. The court held that the additional recovery time itself is a compensable injury.

A separate judgment from the Tribunal of Trieste examined a claim of inadequate informed consent after a patient underwent only a turbinectomy instead of the full set of procedures outlined in a pre‑approved surgical plan. The court found the consent form ambiguous but concluded that the patient had not suffered a compensable violation of the right to self‑determination, emphasizing the need for clear information on possible procedural variations.

Both decisions highlight ongoing challenges in Italy’s civil liability framework, illustrating how courts assess the definition of damage and the requirements for valid informed consent in medical malpractice cases.