Facts
The case concerns a construction worker who twisted his left hand at work on August 3, 1987. Although the accident was undisputed, the Swiss National Accident Insurance Fund (SUVA) rejected the obligation to provide benefits, as the subsequent complication - a tenosynovial tuberculosis - was not recognized as a consequence of the accident.
However, the Federal Insurance Court concluded that the accident of August 3, 1987 is to be considered an indirect, indirect partial cause of the resulting defective condition. The faulty movement of the hand led to the tearing or overstretching of the pre-existing, tuberculosis-related adhesions in the tendon sheaths. The subsequent treatment with cortisone triggered the actual outbreak of the tuberculous inflammation, which led to scarring and restricted movement of the hand.
Pursuant to Article 6, Paragraph 3 of the Federal Law on Accident Insurance (UVG), the accident insurance is responsible for damages inflicted on the injured person during the medical treatment. The legislator has consciously made a risk distribution between accident and health insurance with this provision, according to which the accident insurer is liable for damages caused by nursing measures following insured accidents.
Considerations
The Federal Insurance Court held that in the case of physical accident consequences, adequacy as a legal limitation of the liability of the accident insurer plays practically no role. The accident insurance is also liable for rare and serious complications that generally do not occur…