Questão jurídica principal
Whether the Federal Supreme Court could hear the appeal against a partial liability/interim judgment.
Decisão extraída
The appeal was admissible under the exception for an immediately appealable interim decision because allowing it could end the case and avoid extensive evidence on damages.
Fundamentação extraída
The cantonal judgment decided liability in principle and remitted damages. If the hospital were right, the entire claim would be dismissed. The remaining damages phase would require costly expert evidence, so Art. 93(1)(b) BGG was satisfied.