Questão jurídica principal
Whether the ureter ligation during the emergency C-section qualifies as an accident under Art. 4 ATSG.
Decisão extraída
The ligation did not meet the accident definition because there was no sufficiently unusual external factor and the delayed discovery lacked the required suddenness.
Fundamentação extraída
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.