No liability for the surgeon for an alleged omitted diagnosis of cancer

The Court of Busto Arsizio, Civil Section III, rejected a millionaire compensation request against a surgeon who had correctly treated the patient.

The affair, already the subject of a preventive technical assessment which had excluded any liability on the part of the doctor, derives from a civil suit with a request for compensation of almost two million euros for an allegedly guilty omission of histological examination of the removed tissues which, according to the appellant, would have made it possible to promptly detect the existence of a carcinoma.

The otorhinolaryngologist surgeon, defended by Avv. Fabrizio Busignani, on the other hand demonstrated - also through a complex consultancy - how the appellant's requests did not deserve acceptance, since, even at the outcome of the preliminary investigations carried out in the trial, the absence of any default on the part of the defendant was proven and however, of the causal link between the alleged omission and the alleged damage.

In accordance with this demonstration, the Court of Busto Arsizio rejected all of the appellant's claims.