Note sulla responsabilità civile del medico ginecologo nella giurisprudenza di legittimità

The aim of the present work is to reconstruct the jurisprudential and doctrinal iter in the field of damages for wrongful birth, where there has been a significant change both in terms of qualification of damages and of widening of the subjects entitled to seek judicial compensation for damages suffered. In such a perspective, a recent sentence of the Supreme Court, whose hermeneutical outcome has led to a broadening of the range of subjects entitled to seek compensation for damages due to medical responsibility in the event of wrongful birth, is worth mentioning. At the methodological level, the use of comparative analysis is indispensable for a proper reconstruction of the arguments adduced by the Supreme Court. Such arguments highlight the Court’s crucial contribution of dealing with issues of great complexity, with a view to a renewed creative role of the judge.