Limitation period does not begin until knowledge of the circumstances


The period of limitation begins in the case of medical malpractice only with knowledge that such had occured. If expertise is required to detect the link between the damage suffered and the causal behaviour, the deadline expires only when the injured party becomes aware of this fact. The appraisal of a report is usually not required. [OGH 18.07.2017, 10 at 39 / 17h]