Key legal question
Whether the out-of-canton hospital stay was a medical emergency under Art. 41 KVG and § 5bis SpiG.
Extracted holding
Yes. In special circumstances, an accident with uncertain injuries can count as an emergency if a prudent layperson could regard immediate medical help as unavoidable.
Extracted reasoning
At the time of transport, the situation was unclear, there was bleeding and severe pain, and internal injuries could not be excluded. The minimum necessary out-of-canton care was limited to diagnosis and initial stabilization until it became clear that no urgent treatment was needed.