Question juridique clé
Whether the 1998 surgical misdiagnosis/treatment complication constituted a new insured accident for wage-basis purposes.
Solution extraite
The alleged medical error was not a new insured accident and created no additional injury covered under the accident insurance rules.
Motifs extraits
There was no sudden, unintended harmful external effect under Art. 4 ATSG, nor any injury caused by treatment within Art. 6(3) UVG. The operation may have failed to improve the wrist, but it did not add a new damage.