Key legal question
Whether the cantonal court violated Art. 29(3) BV by refusing legal aid on the ground that the appeal was hopeless.
Extracted holding
No. Given the medical expert opinions, the lower court could treat the chance of success as clearly insufficient and thus deny legal aid.
Extracted reasoning
The Federal Court held that legal aid depends on a non-hopeless claim. The lower court did not act arbitrarily in reading the expert reports as stating only a 51% likelihood of causal contribution, which is not enough to establish natural causation with the required predominant probability.