Death Of The Foetus: Compensation As Parental Loss

In 2025, the Italian Supreme Court (Corte di Cassazione) recognised compensation for the death of a foetus as a form of damage arising from parental loss in cases of medical malpractice. Here's how this principle applies and how to take legal action.

The Supreme Court's ruling No. 26826 of 2025 drew attention to medical liability and its implications in cases involving the death of a foetus.

Through this decision, the Court clarified that the intrauterine death of a foetus due to medical negligence may constitute a damage from the loss of the parental relationship, not merely a potential or "projected" loss.

The distinction is crucial: recognising the death of a foetus as parental loss entails more significant compensation criteria and acknowledges the suffering that parents may experience even during pregnancy.