Questione giuridica chiave
Whether the cantonal court arbitrarily relied on the judicial expert to find no breach of medical standards by the surgeon in not locating the stent during surgery.
Decisione estratta
The cantonal court could rely on the expert report; the surgeon could not detect the stent because it had moved outside the operative field.
Motivazione estratta
The report was complete and consistent. It showed that the bile duct was cut at the upper edge of the duodenum while the stent was in the pancreas, so no further search in the surgical field was required.