A patient was operated for lap chole turned open chole due to adhesions of GB to liver and discharged after three days with little collection in satisfactory condition and advised to follow up after five days but never turned to SOPD.The consent was taken and signed by himself and his brother. After four months he filed a complaint for negligence saying that we operated wrongly by cutting CBD.

Patient shows multiple ERCP and stenting at different hospitals where nowhere mentioned CBD injury. What are legal challenges and complications?