Consent for Treadmill Test (TMT) and Issue of Medical Negligence

Hon'ble SC in a case [Spring Meadows Hospital and Anr. Vs. Harjot Ahluwaliaand Anr. (1996)] observed that with the emergence of the Consumer Protection Act, no doubt in some cases patients have been able to establish the negligence of the doctors rendering service and in taking compensation thereof, but the same is very few in number.

In recent days there has been increasing pressure on hospital facilities, falling standard of professional competence and in addition to all, the ever-increasing complexity of therapeutic and diagnostic methods and all this together are responsible for the medical negligence. There has been a growing awareness in the public mind to bring the negligence of such professional doctors to light.

This paper deals with critical analysis of one such case in which a patient died during Treadmill Test due to medical negligence of doctors/hospital. NCDRC (National Consumer Disputes and Redressal Commission) awarded a compensation of Rupees Seventeen Lac after analysis and discussing issues related to 'lack of consent', res ipsa loqutur, lack or precautions to be taken, etc.

The aim of writing this paper is to highlight issues which may lead to medical negligence, medical fraternity should be aware of legality and complexity involved in such life saving and life threatening medical interventions/procedures.