Questione giuridica chiave
Whether the ureter ligation during the emergency C-section qualifies as an accident under Art. 4 ATSG.
Decisione estratta
The ligation did not meet the accident definition because there was no sufficiently unusual external factor and the delayed discovery lacked the required suddenness.
Motivazione estratta
Medical treatment counts as an accident only exceptionally. The operation did not deviate grossly from the medically usual, and no extraordinary clumsiness or comparable unforeseeable misconduct by the surgeon was established. The later diagnosis and delayed treatment could not separately create an accident due to lack of suddenness.