OGH: Amtshaftung für fehlerhaftes behördliches Handeln gemäß Medizinproduktegesetz.

The Supreme Court in Austria has ruled that there is official liability for faulty official actions according to the Medical Devices Act. It has been determined that omission can also be considered as unlawful and negligent organizational action if there was a duty to act and proper action could have prevented the occurrence of damage. In the present case, a plaintiff suffered physical and mental pain due to a material defect in the use of a coil. The Federal Office for Safety in Health Care (BASG) is accused of unlawfully and negligently failing to take the necessary measures to prevent damage caused by defective coils. It is emphasized that the obligations of legal entities are determined in the interest of the general public and the affected patients. The BASG is responsible for monitoring the safety and quality of medical devices and has the duty to prevent harm to patients, users, and third parties. [Extracted from the article]