Statistically reduced life expectancy justifies a compensation for pain and suffering

Due to an unprofessional medical treatment of a patient, an acute coronary syndrome has been overlooked. The patient suffered a heart attack, which lead to an irreversible heart damage. Since then, the patient has been physically and psychologically burdened, and his statistical life expectancy has been reduced.

The Supreme Court adjudicated him with a compensation for pain and suffering from EUR 90.000. The Court could not comply with the claim of EUR 200.000, since the man, although faced with a reduced capability and daily pains, he neverless has the possibility to lead an active and self-determined lifestyle in his professional and private life. Higher amounts would be adjudged to persons who have suffered severe disabilities or have to live in complete dependence on other people.

Source: www.ogh.gv.at/entscheidungen/entscheidungen-ogh/schmerzengeld-bei-deutlich-verringerter-lebenserwartung/