Italian Supreme Court expands parental loss compensation to unborn children

Italy's Supreme Court upheld a hospital’s liability for a misdiagnosed emergency case that led to a patient’s death, confirming and increasing compensation for loss of the parental relationship because of the family’s particular fragility. The court rejected the hospital’s appeal, finding that doctors failed to conduct necessary assessments and monitoring, which deprived the patient of any chance of survival.

In a separate ruling, the Court affirmed that a child already conceived at the time of a father’s fatal medical error is entitled to damages for the loss of the parental relationship, even if the child is born after the father’s death. The decision overturns a lower court that had denied such compensation, establishing that the right to a parent‑child relationship arises from conception and that its loss constitutes a compensable non‑pecuniary injury.