Questão jurídica principal
Whether the cantonal court had arbitrarily preferred the treating surgeon's testimony over the private expert report.
Decisão extraída
No. The cantonal court could rely on the surgeon's direct and detailed testimony and treat the private expert's later report as less conclusive.
Fundamentação extraída
The surgeon had operated on the patient and examined him directly, whereas the private expert only reviewed the file. His supplementary opinion was less categorical and thus could be weighed against him without arbitrariness.