Lokesh was suffering from a serious ailment. He was admitted to a Well-Known private hospital in Gurugram. He was subjected to various tests. Even after diagnosis and subsequent treatment, his condition deteriorated. The

The Hon'ble Supreme Court in case of Dr Harish Kumar Khurana vs. Joginder Singh (CA 7380 of 2009) judgement dated September 8, 2021 held that medical professionals cannot be held negligent merely because the treatment is not successful or patient dies during surgery. Every death of a patient cannot on the face of it be considered as death due to medical negligence unless there is material on record to suggest to that effect. It is necessary that the hospital and the doctors are required to exercise sufficient care in treating the patient in all circumstance. However, in unfortunate cases though death may occur and if it is alleged to be due to medical negligence and a claim in that regard is made, it is necessary that sufficient material or medical evidence should be available before the adjudicating authority to arrive at a conclusion. The accident during the course of medical or surgical treatment has a wider meaning. Ordinarily an accident means an unintended and unforeseen injurious occurrence, something that does not occur in the usual course of events or that could not be reasonably anticipated. In the light of above case, contention of Sushma is not tenable.