Italian Supreme Court bars doctors from using missing records to dodge liability

The Italian Court of Cassation reaffirmed that incomplete clinical documentation cannot be exploited by healthcare professionals to avoid responsibility. In a case involving an anesthetic procedure, a patient suffered cardiac arrest and severe neurological damage during surgery; the court rejected the anesthetist’s claim that undocumented alternative causes could exonerate him, emphasizing that the burden of proof shifts to the clinician when records are lacking.

In a separate ruling concerning dental treatment, the Court annulled an appellate decision that had limited a dentist’s liability because parts of the patient’s long‑term records were missing. The Supreme Court stressed that the absence of proper documentation falls on the professional and should not prejudice the patient’s claim for damages. Both decisions underscore the principle that the “unknown cause” risk rests with the party responsible for incomplete medical records.