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Interesting blog posts from lawyer‘s practice:

Interesting blog posts from lawyer‘s practice:

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Foto Mag. Patrycja Gamsjäger - Blog

IMMATERIAL DAMAGES (SHOCK AND MOURNING) AFTER A BROTHER’S DEATH

IMMATERIAL DAMAGES (SHOCK AND MOURNING) AFTER A BROTHER’S DEATH

Mag. Patrycja Gamsjäger, LL.M.
Attorney at law in Vienna

Decision of the Austrian Supreme Court (OGH), 27 November 2017, 7 Ob 105/17t

The background of the case:
The plaintiff (34) was the brother of a patient (36) at the trauma surgery department in an Austrian hospital. On 17 April 2010 the patient was admitted to undergo a surgical procedure in order to stitch up the tendon rupture in his left knee.

Foto Mag. Patrycja Gamsjäger - Blog

Piece of a broken scissors remained in the patient’s body after the heart surgery

Piece of a broken scissors remained in the patient’s body after the heart surgery

Mag. Patrycja Gamsjäger, LL.M.
Attorney at law in Vienna

The patient felt no (physical) pain and there was no way that the broken piece would move somehow in the patient’s body. Nevertheless, the patient was terrified and he couldn’t stop thinking about the foreign material in his body. „What if it moves?“, he asked himself. The patient suffered from a mental stress.