Satinder had a long history of diabetes, hypertension, and was also obese. with a hope to bring diabetes under control, he approached dr. kular who advised for a sleeve gastrectomy surgery for weight reduction. the doctor performed the surgery successfully but unfortunately, satinder developed diabetic foot and deep burn ulcers.
Even as he continued to take treatment from Dr. Kular and also followed up for dressing the wounds, he did not get much relief. His foot had developed gangrene and eventually it had to be amputated.
It seemed that it was his time to leave the material world. After the amputation, Satinder suffered with infection and septicaemia, and died. His family was aghast by the shock and loss of their loved one. They approached the National Consumer Disputes Redressal Commission, New Delhi and blamed Dr. Kular for the death of their father figure. Citing medical literature, it was stated that controlling obesity could control diabetes also. The family alleged that the patient didn’t get relief as the weight reduction surgery had failed, which subsequently lead to development of diabetic foot among other serious complications which caused his death. The doctor must pay for the failure of surgery, claimed Satinder’s family.
The doctor was confident that he had not erred in treating the patient. He had followed due diligence. He presented the medical records and left it to Commission to decide on the matter.
At the outset, the Commission noted that Satinder was a known type II diabetic patient. Further, the Commission observed that Satinder suffered due to diabetic foot and septicaemia and it had nothing to do with Sleeve Gastrectomy performed by the doctor for weight reduction. They were not linked to each other. Citing lab records, the Commission concluded by stating that the patient developed diabetic foot due to uncontrolled diabetes which lead to further complications and ultimately, his death.
Dr. Kular breathed a sigh of relief as he was declared not guilty.
Source:Order pronounced by National Consumer Disputes Redressal Commission, New Delhi on 6th December, 2017.