2021

The barème in the quantification of non-pecuniary damage

The Judge is entitled to choose and use the barèmes provided by the scientific community in non patrimonial damages evaluation because this choice is the expression of the Judge’s evaluation power. The judgment is a new precedent in defining the role of the medical expert appointed by the Judge in medical malpractice trials. The paper analyses a judgment of the Italian Supreme Court regarding the case of a naturopath accused to have voluntary caused the death of a cancer patient for having her prescribed a cure of only diets and muds. The judgment offers the opportunity to dust off the notions of dolus eventualis and negligence with prediction of the event and their uncertain discrimen. In addition, it is of great interest the comparison of this judgment with another rendered in a similar case in 2008, focusing, in particular, on the different conclusions reached by the judges.

Abstact published in Responsabilità Medica – Diritto e Pratica Clinica.