Failure To Obtain Consent For Medical Test Is Deficiency In Service: Uttarakhand Consumer Commission Holds Max Super Speciality Liable

Brief facts:

The complainant's mother experienced pain on the left side of her face and visited Max Super Speciality hospital, Dehradun ('Opposite party 1') for consultation on 01.04.2014. On examination and review of her previous medical records the doctor at the hospital advised that she required surgery and also prescribed certain medications. The complainant then decided to obtain a second opinion and consulted Dr. AK Singh (Opposite party 2), Director, Max Institute of Neurosciences on 10.04.2014 who advised an MRI and other tests.

Accordingly, the MRI and other tests were done and on examination of the reports, the opposite party No.2 informed the complainant and his mother that the surgery would be performed on 14.04.2014. The mother was then taken to two other doctors ('Opposite party 3 and 4'), senior cardiologists who advised for a Dobutamine Stress Echo (DSE) test. Dr. Amit Rana ('Opposite party 5) performed the test. As per the complaint, after administration of the peak doses, the complainant's mother suffered a cardiac arrest ,became unresponsive and was shifted to ICU It was stated that Opposite party 5 failed to take necessary precautions during the procedure and failed to explain the medical risks associated with the test.

It was further stated that despite being a super speciality hospital, the Opposite party 1 hospital lacked essential and adequate equipment to effectively handle emergency situations. Further, the complainant's mother was then shifted to Nirmal Ashram hospital where she passed away. A legal notice dated 11.05.2014 was sent to Opposite parties 1 to 5 which was not responded to. Hence, a complaint was filed by the complainant before the consumer commission praying for appropriate compensation.

Submissions off Opposite parties:

It was submitted that considering the complainant's mother was restricted from physical activity for the last 15 years, she was advised to undergo DSE test for pre-operative cardiac evaluation for which consent was also given by her freely. It was further submitted that all risks were explained to the complainant and her mother.

It was argued that the hospital is fully equipped with all the necessary medical instruments and infrastructure and that all doctors are well trained and competent to manage all types of medical emergencies.

Observations of the commission:

The bench examined all the facts and documents on record and observed that Opposite parties 1 to 5 have failed to establish that a consent was obtained from the patient prior to undertaking DSE test. It was further observed that there is no specific consent form nor any record showing details of the risks and complications of the test. It was held that failure to obtain consent is deficiency in service and constitutes an act of negligence.

Since the DSE test was conducted by the Opposite party 5- Dr. Amit Rana, the primary responsibility for negligence was attributed to him and he was held liable along with the Opposite party 1- hospital. Opposite party No. 2,3 and 4 being merely consulting doctors were exonerated and were not held liable for any medical negligence.

Hence, the complaint was partly allowed and the hospital was directed to pay a sum of Rs. 10 lakhs as compensation to the complainant and other legal heirs of the complainant's mother proportionately. A sum of Rs. 50,000 was also granted as litigation expenses.

Case Title: Sandeep Gupta vs Max Super Speciality hospital

Case Number: SC/5/CC12/2014

Date of Decision: 20.11.2025