PROBLEMI MEDICO-LEGALI DEL DANNO NON PATRIMONIALE DA PERDITA DI CHANCE

[Autom. eng. transl.] Damage due to loss of chance has gradually entered into the living law relating to the damage to the person from civil liability and has medical-legal relevance, for example in cases of reduced survival or failure to cure caused by default or unlawful conduct. After the so-called San Martino i AA sentences. consider it reasonable that this item configures, in a descriptive and non-autonomous manner, a further aspect of the non-pecuniary damage, representing a damage-consequence of the "static" biological damage of which anyway the causal link must be ascertained with an active or omitting defaulting conduct. In this regard, there is also no alternative, from a medical-legal point of view, to an assessment based on the criterion of the preponderance of evidence or the most probable that does not and therefore leads to not recognizing - even in terms of probative reasoning - any distinction between ordinary civil causality and causality from loss of chance.