Naples: €600 in compensation for fetal death during pregnancy

The Court of North Naples issued a significant ruling regarding the intrauterine death of a fetus that occurred a few days before the scheduled birth.

The Second Civil Section found the gynecologist who had followed the pregnancy liable, ordering him to pay compensation of approximately 600.000 euros to the parents and family members.

The pregnancy involved a young couple, achieving their first pregnancy after four years of trying to conceive. During the legal proceedings, the court-appointed expert witness highlighted that clinical signs, such as changes in blood flow and increased amniotic fluid, had already been present during the pregnancy, which would have required further investigations into fetal growth and placental function.

According to the court-appointed consultants, such investigations were not carried out, and the lack of monitoring could have prevented the tragedy.

The judge agreed with these findings, recognizing the causal link between the alleged negligence and the harmful event. In addition to compensation for damages resulting from the loss of parental ties, the mother also obtained compensation for biological and psychological damage, resulting in a 15% permanent disability and 150 days of temporary disability, due to persistent grief disorder that severely affected her personal and professional life.

The ruling also stipulated that the doctor's insurance company, Assicuratrice Milanese Compagnia di Assicurazioni SpA, would cover all sums owed, including legal fees and technical inspection costs.

The family's lawyers emphasized that this decision represents an important step towards recognizing the rights of victims of medical malpractice and the value of the emotional bond with the unborn child, even during pregnancy. While aware that no sentence will alleviate the pain endured, the recognition of responsibility constitutes a significant act of justice.