Questão jurídica principal
Whether the cantonal court lacked subject-matter jurisdiction because public-law liability applied instead of federal private law
Decisão extraída
The hospital's staff were not subject to the cantonal liability act on the relevant facts; federal contract law applied and the cantonal court had jurisdiction.
Fundamentação extraída
Under Art. 61 OR, public hospitals' medical treatment is a public task, but the canton may choose whether to subject staff to public-law liability. The cantonal courts' interpretation of local law was binding and did not violate federal law.