Question juridique clé
Whether the POS diagnosis was timely established before age nine under GgV No. 404
Solution extraite
A report drafted after the ninth birthday is not automatically too late if it is based solely on examinations and findings made before that date; the relevant point is whether the symptoms were medically established in time, not the date of the written report.
Motifs extraits
The lower court focused too strictly on the report date. Since the doctor relied only on pre-birthday examinations, treating the later drafting date as decisive would be excessively formalistic.