“64. The procedures undertaken by the defendant being the procedure of Sympathectomy as well as Embolectomy fall completely within the parameters of Bolam test. Whether or not the plaintiff contends that the expert opinion suggests that medical treatment should be given in preference to a surgical treatment by every medical practitioner and the defendant should have embarked upon such a course and inquired whether all the medical treatment that could have been given to the deceased has been already given by the Consultant Physician who referred the case to the defendant, Dr.Kalke, the witness on behalf of the plaintiff, who is himself a Vascular Surgeon, has stated that Sympathectomy is indeed one of the procedures legitimately undertaken by a sizable surgical fraternity for the problem that the deceased suffered. The defendant, therefore, came out clear with regard to the performance of the treatment. None can raise a fnger against the defendant in that regard. Mistakes do occur in every human activity, including surgery. The wisdom and profundity of the law allows the medical practitioner not to be continuously derided for legitimate mistakes. Complications do occur during surgery. In fact, that is an aspect of which Judicial Notice is required to be taken. Corrective procedures are undertaken in cases without number. Genuine errors do not get corrected in later surgical or medical procedures. Those procedures once again fall within the Bolam test. They call for the same parameters in reviewing the extent of the negligence therein. If such procedures, which a sizable medical opinion would permit, are followed, once again the surgeon would steer himself clear of the shadow of negligence. The defendant whilst performing the Embolectomy fell within those parameters. The evidence has revealed that if an embolus is detected, for whatever reason, an error in the performance of Sypathectomy or otherwise, it has to be removed. Embolectomy is one of the procedures for its removal. Even if there be other or better procedures, medical science as on the date of the surgery allowed Embolectomy to be one of them. This was performed twice because the frst Embolectomy did not clear the arteries of the deceased. It was not performed again and again which could result in arterial damage as is the evidence of Dr.Kalke. Dr.Khandeparkar performed its
