The Supreme Court (OGH) had to deal with a particularly serious case of medical malpractice. Following a botched plastic surgery procedure, the patient suffered massive and irreversible health damage. The OGH overturned the decisions of the lower courts and awarded the plaintiff higher damages for pain and suffering to reflect the exceptional extent of her suffering.
In 2020, the plaintiff underwent a tummy tuck and liposuction performed by a private plastic surgeon. The procedure was performed negligently and led to serious complications. As a result, the plaintiff lost almost all of her functional abdominal wall.
A total of 39 operations were required to treat the consequences, including several emergency surgeries and lengthy hospital stays. Despite these measures, functional recovery could not be achieved. The plaintiff has since suffered from persistent moderate to severe pain, significant physical limitations, considerable disfigurement, and severe psychological distress. She is unable to work, permanently dependent on an abdominal binder, and severely restricted in her daily life.
In a preliminary proceeding, the doctor's liability was established in principle, and the plaintiff was already awarded partial compensation for pain and suffering. In the current proceedings, she sought further compensation for pain and suffering, as her final, long-term condition was only determined after the conclusion of the preliminary proceeding.
The Supreme Court partially granted the plaintiff's extraordinary appeal. It clarified that compensation for pain and suffering must be assessed as global compensation for all suffering already suffered and foreseeable in the future, taking into account not only the pain itself, but also permanent physical and psychological impairments as well as the loss of quality of life.
According to the Supreme Court, the lower courts had underestimated the extent of the plaintiff's suffering. In view of the extraordinary pain, lifelong limitations, disfigurement, and complete change in lifestyle, a higher total award for pain and suffering was justified.
The Supreme Court set the appropriate total compensation for pain and suffering at €320,000.00. Taking into account payments already made, it awarded the plaintiff a further €50,000.00.
This decision underscores that in cases of particularly serious medical malpractice, compensation for pain and suffering must not be too low. The Supreme Court emphasizes the importance of a comprehensive overall assessment that also includes lifelong pain, permanent consequences, psychological distress, and the loss of one's previous way of life.
For victims, the ruling demonstrates that even after a preliminary lawsuit has concluded, further compensation for pain and suffering can be claimed if the final state of health only later proves to be permanent. In practice, the decision sends a clear signal that the courts are prepared to award significantly higher amounts of compensation for pain and suffering in cases of extreme injury.
Supreme Court 16.10.2025, 6Ob 132/25t