Uttarakhand Consumer Commission: Failure To Obtain Consent Before Medical Test Amounts To Deficiency In Service; Max Super Speciality Hospital Held Liable
Sangeetha Prathap
The Uttarakhand Consumer Disputes Redressal Commission has held Max Super Speciality Hospital, Dehradun liable for deficiency in service and medical negligence for failing to obtain consent from the patient before conducting a Dobutamine Stress Echo (DSE) test, ultimately resulting in her death. The Commission awarded ₹10 lakh as compensation to the complainant and other legal heirs of the deceased, in addition to ₹50,000 in litigation expenses.
The complainant’s mother, who was experiencing pain on the left side of her face, first consulted the hospital on 01 April 2014 and was advised surgery after examination of medical records. The complainant sought a second opinion from Dr. A.K. Singh, who recommended an MRI and other tests. Based on the test results, the complainant was informed that surgery would be performed on 14 April 2014. For pre-operative cardiac evaluation, she was referred to senior cardiologists who advised the DSE test. The test was performed on 12 April 2014 by Dr. Amit Rana, during which the patient suffered a cardiac arrest after administration of peak doses and was shifted to the ICU, where she remained in a vegetative state until she passed away on 13 May 2014.
The complainant argued that no precautions were taken during the procedure and that the risks associated with the test were never explained. It was further alleged that, despite claiming to be a super speciality hospital, the opposite party lacked adequate equipment for handling emergencies. The complainant also highlighted that the hospital initially quoted a treatment cost of ₹1,65,000, but later demanded ₹5,61,000, which had to be paid before the patient was discharged. A legal notice issued to the hospital and the treating doctors received no response, prompting the filing of the consumer complaint.
The opposite parties contended that informed consent had been obtained and that risks were duly communicated to the complainant and his mother. They maintained that the DSE test was medically necessary given the patient’s history of hypertension and restricted mobility and that Code Blue and emergency protocols were correctly followed when the cardiac arrest occurred. It was also submitted that all doctors were competent and the hospital was fully equipped to handle emergencies.
After reviewing the record, the Commission found that the hospital and treating doctor failed to produce any proof of consent obtained from the patient or her attendants. There was no signed consent form or documentation recording the risks and complications involved in the procedure. The Commission held that the absence of informed consent constituted a clear deficiency in service and amounted to medical negligence.
Since the DSE test was conducted by Dr. Amit Rana, the Commission attributed primary responsibility for negligence to him. The hospital was held vicariously liable for negligence committed by its doctor during the course of employment. However, the consulting doctors who evaluated the patient at earlier stages were exonerated, as there was no evidence showing that they participated in or contributed to the negligent act.
In conclusion, the Commission partly allowed the complaint and directed Max Super Speciality Hospital to pay ₹10 lakh as compensation and ₹50,000 as litigation costs to the complainant and other legal heirs, proportionately, along with 6% simple interest from the date of institution of the complaint until the date of actual payment. The liability was confined to the hospital and the treating doctor, and the remaining opposite parties were exonerated.
Cause Title: Sandeep Gupta vs Max Super Speciality hospital
Case No: SC/5/CC12/2014
Coram: Ms. Kumkum Rani (President), Mr. C.M. Singh (Member)
