Italian Supreme Court Sets New Standard for Hospital Infection Liability

The Italian Supreme Court (Cassazione, III Sezione civile) issued ordinance 10758/2026, reaffirming that a health facility is not automatically liable for a hospital‑acquired infection. The court ruled that liability is not objective and that the clinic must be able to prove it observed all preventive protocols, such as hand washing, instrument sterilisation and air filtration, to avoid automatic compensation. The decision arose from a case in which a patient contracted a Staphylococcus faecalis infection after cataract surgery at a Milan clinic.

In a separate ruling, the Court of Appeal of Cagliari (Sentenza n. 15, 09‑01‑2026) examined a diagnostic error claim where a woman suffered a vertebral fracture that was initially missed after a fall on a Sardinian beach. The lower court had ordered the hospital to pay over €31,000 in damages, but the appellate court found no causal link between the medical mistake and the injury, overturning the compensation.

Together, the rulings clarify that Italian medical liability requires a demonstrable causal connection between the alleged error and the patient’s harm, and that hospitals must substantiate the implementation of care standards to avoid automatic fault.