A post-operative patient can develop complications even if the surgical and nursing care after the surgery were appropriate. A known complication does not constitute medical negligence (DMC/DC/F14/588/2009 dated 22.09.2009). 

In Samira Kohli vs Dr. Prabha Manchanda and Anr, SCI, Civil Appeal No. 1949 of 2004, 16.01.2008, the Supreme Court held: “The ‘adequate information’ to be furnished by the doctor (or a member of his team) who treats the patient, should enable the patient to make a balanced judgment as to whether he should submit himself to the particular treatment or not. This means that the Doctor should disclose … c) an outline of the substantial risks …”