A case was filed by a patient against his treating doctor alleging that he had neglectfully treated him and his line of treatment was not successful, the doctor referred him to a higher centre for treatment.

The ureteral stone migrated during surgery. The GP referred patient to a surgeon, who failed to do a successful surgery for the ureteral stone and later referred the patient to a higher centre.

A known phenomenon cannot be a cause for negligence.

Lesson: In an order DMC/DC/F.14/Comp.615/2010, the Council observed that migration of ureteral stone during surgery is a known phenomenon documented in medical literature, hence, prima facie no medical negligence can be attributed on the part of the doctor.