Lawsuit from Lower Austria

Guest Patient’s Ordeal: Next Court Rejects Case!

No court considers itself competent to hear the lawsuit against the Speising Orthopedic Hospital(Bild: Martin A. Jöchl)

A man from Lower Austria sued the Vienna Speising Hospital for compensation for pain and suffering—and has been wandering through the courts ever since. A decision on the core of the dispute is still a long way off.

It was meant to send a strong signal from St. Pölten: A man from Lower Austria sued the Vienna Orthopedic Hospital Speising because, as a guest patient, he had to wait far longer for surgery than agreed. His claim: compensation for pain and suffering. In the background, a fierce political dispute is simmering—Vienna wants more money for treating Lower Austrian patients, but the neighboring state refuses. Lower Austria is supporting the plaintiff financially, while Vienna is backing the defendant hospital with advice and expert opinions. It could still be some time before the opposing parties actually face off in the courtroom. And the venue itself is more than questionable.

For even the search for the right court is turning out to be an odyssey. The Vienna Regional Court for Civil Matters declared itself without jurisdiction—as a business, the clinic belongs before the Commercial Court.

Two courts, and neither feels it has jurisdiction
There, the next surprise awaits. Following an objection by the defendant (Speising Hospital), the Commercial Court re-examined its jurisdiction—and likewise denied it. Reason: It is unclear whether the lawsuit is based on a breach of contract or a violation of the law. A spokeswoman for the Commercial Court confirmed this to the “Krone.” 

No court considers itself competent to hear the lawsuit against the Speising Orthopedic Hospital(Bild: Martin A. Jöchl)

Since the plaintiff had prudently filed a contingent motion under Section 201 of the Code of Civil Procedure, the case was automatically returned to the Regional Court for Civil Matters. The spokesperson for the Commercial Court put it bluntly: “They have to take it now.” For the Commercial Court, the matter is settled.

Back to square one: The civil court must step in
What now? The Regional Court can declare itself competent and take up the case. If it refuses to do so again, the Vienna Higher Regional Court could clarify the question of jurisdiction. So a court may eventually have to decide whether one of two other courts has jurisdiction. A decision on the actual issue—whether the plaintiff is entitled to compensation for pain and suffering—is still a long way off. Things were certainly envisioned differently in St. Pölten.