IV Dextrose-Normal Saline (DNS) to a Diabetic Patient in Emergency: Not a case of Medical Negligence: NCDRC
Abstract The patient was a known case of Mental Retardation (MR) and suffering from various other health ailments. The patient was severely emaciated and had undergone treatment for Pulmonary Tuberculosis with repeated infections. In the OPD, on 08.11.2007 and 10.11.2007, the patient was attended to by O.P.No.2 and No.3 and prescribed treatment for chronic constipation. On 29.11.2007, the patient was brought to the OPD with history of low grade fever, cough, and difficulty in breathing. Accordingly, primary treatment with antibiotics and IV fluids Dextrose-Normal Saline (DNS) - two units was given. The IV DNS was given to correct the dehydration. The necessary blood investigations were performed and, based on the blood sugar report, the patient was administered IV insulin and DNS. The patient subsequently suffered diabetic ketoacidosis and pneumonia of left lung. However, in spite of their best efforts, the condition of the patient did not improve and he expired. The complainant alleged that the treating doctors - O.P.No.2 and No.3 were negligent and had administered IV glucose without prior testing of blood sugar level of the patient. This caused the blood sugar to rise and the patient suffered diabetic ketoacidosis with severe pneumonia of the left lung, which subsequently resulted in his death. [Para 8] Being aggrieved, the complainant filed a complaint before the District Forum, Dehradun and prayed for compensation of Rs.15 lakh from the opposite parties. [Para 3] The District Forum, after hearing the parties, allowed the complaint against the opposite parties no. 1, no. 2 and no. 4 and directed them to pay Rs. 5 lakh as compensation along with Rs.15000/- as litigation costs. [Para 5] Being aggrieved, the Military Hospital (O.P.No.2) filed First Appeal No. 52 of 2016, whereas the complainant filed First Appeal No. 91 of 2016 for enhancement of compensation, before the State Commission. The State Commission allowed the appeal filed by the Military Hospital (O.P.No.2) and dismissed the appeal filed by the complainant. Consequently, the consumer complaint filed before the District Forum was dismissed. [Para 6] Disposing Revision Petition NCDRC observed that thus, admittedly, at the time of admission to the Military Hospital, the patient was in a severally dehydrated state and, thus, the decision of the treating doctors to give IV supplements immediately cannot be said to be incorrect. In the meantime, the blood investigations were received in the night at 10.20 p.m., which clearly indicated diabetic ketoacidosis. Thereafter, the doctors treated the patient accordingly. This was neither negligence nor deficiency on the part of the hospital or the treating doctors. As written by the treating doctors in the medical record, the patient had undergone treatment for Pulmonary Tuberculosis with repeated infections. He was also suffering from severe emaciation. Thus, the treatment given by O.P.No.2 and No.3 (doctors) was proper under such facts and circumstances. Evidently, the doctors did their duty with care. [Para 12]
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