A woman, who was 47 years old in 2011, underwent more than four years of chemotherapy and aggressive treatments for a cancer she never had. The case, which took place in Italy, ended with Azienda Ospedaliero-Universitaria Pisana being ordered to pay around 467 thousand euros in compensation, plus legal interest.
The case took place in Pisa and was confirmed by the Corte d’Appello of Florence, which increased the compensation awarded in the first instance. According to Corriere Fiorentino and ANSA, the woman was informed in 2006 that she suffered from non-Hodgkin’s lymphoma with predominant intestinal location, a diagnosis that, according to the decision cited by Corriere, was presented to her as being in a terminal phase.
From January 2007 until May 2011, the patient underwent intensive treatments, including chemotherapy, corticosteroid therapy and administration of steroids in high doses. During this period, he lived with the conviction that he was facing a serious and potentially fatal illness.
It was only in 2011, after a bone biopsy carried out at a hospital in Genoa, that the initial diagnosis was questioned. According to Corriere Fiorentino and ANSA, the tests categorically ruled out the presence of any tumor, contradicting the diagnosis followed for years in Pisa.
The court ruling recognized that the woman endured not only the physical effects of unnecessary treatments, but also prolonged psychological suffering. For several years, she lived in fear of imminent death, convinced she had end-stage lymphoma.
Physical complications and emotional impact
The consequences were not limited to the emotional level. According to Corriere Fiorentino, the patient developed changes in hormonal balance, osteoporosis with episodes of fractures, depressive and anxious states, pathologies associated with immunosuppression and even rare diseases, such as spasmophilia and Tietze syndrome, which required additional treatments.
The appeal judges rightly highlighted the extraordinary nature of the suffering experienced, valuing the fact that the woman had spent years believing that she was suffering from terminal cancer that never existed.
Aggravated compensation in the second instance
In 2024, the court of first instance in Pisa had set compensation of around 300 thousand euros. The victim appealed, considering the amount insufficient given the damages suffered.
The Corte d’Appello in Florence has now increased the compensation to around 467 thousand euros. According to Corriere Fiorentino, the judges applied the criterion of personalizing the damage, revising the compensation installments upwards and valuing the prolonged psychological and physical impact of the diagnostic error.
In the reasoning cited by the Italian newspaper, the court considered that the increase in compensation was also justified by the anguish and suffering resulting from false news of terminal lymphoma.
The case again puts the focus on medical responsibility and quality control mechanisms in the diagnosis of serious illnesses, especially when invasive treatments and long-lasting side effects are at stake.
And in Portugal?
In Portugal, situations of diagnostic error or unnecessary treatments may fall under the medical civil liability regime. When it comes to public hospitals, Law No. 67/2007 applies, which approves the Non-Contractual Civil Liability Regime of the State and other Public Entities. In private units, the framework is, as a rule, the general regime of the Civil Code.
In order to be entitled to compensation, it is necessary to demonstrate the illegality of the action, the damage and the causal link between the medical action and the loss suffered. Depending on the case, liability may be based on the fault of professionals or, in the public sector, also on the abnormal functioning of the service.
Portuguese courts allow compensation for material and non-material damage, including physical and psychological suffering, loss of quality of life and future consequences.
As a rule, the period for exercising the right to compensation is three years from the date of becoming aware of the right, in accordance with article 498 of the Civil Code, without prejudice to the particularities that may result from the specific context of the case.
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