The complications which occurred in this case are well-described in literature (quote a reference) and cannot amount to negligence. Whatever happened during treatment in this case was a pure accident. Accidents are not actionable.

Section 80 of the Indian Penal Code (IPC) defines the word ‘accident’. Section 80 of the IPC states:

“Nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.”

Whatever treatment I gave was the right thing to do, done by the right technique, done by the right person, done in the right place, done with all care and caution and an informed consent was taken which talks about the possible complications. Such an accident and/or complication are well-described in the literature and can occur in spite of best of care.

Standard of care is the care law expects from a doctor. Law does not expect the highest standard nor does it expect low standards. The standard of care expected is the standards of any reasonable medical practitioner. Circumstances in which a medical practitioner is placed always determines the standards expected from him. I have treated the patient with the best of my skill and knowledge.