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Indian Journal of Legal Medicine

Volume  6, Issue 1, Jan-June 2025, Pages 41-51
 

Review Article

Legal Complexities in Medico-Legal Consent: A Physician's Dilemma in Consumer-Driven Healthcare

Shri Gopal Kabra1, Vivekanshu Verma2

1 Director, Department Legal Affairs and Medical Audit, SDMH, Jaipur 302015, Rajasthan, India.  2 Associate Consultant, Department Emergency and Trauma Care, the Medicity, Sector-38, Gurugram 122001, India.

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DOI: 10.21088/ijlm.2348.9987.6125.4

Abstract

Medico-legal consent stands at the intersection of law, ethics, and medical practice, raising critical questions about the autonomy and obligations of healthcare professionals. The transition from paternalism to a consumer-driven model has fundamentally altered the dynamics of medico-legal consent. While it empowers patients, it also burdens physicians with increased legal risks and ethical dilemmas. To navigate this complexity, there is a need for clearer legal frameworks, enhanced communication strategies, and stronger institutional support for physicians. Striking a balance between patient rights and physician autonomy will ensure ethical, effective, and legally compliant healthcare practices. This article examines the nature of medico-legal consent, its role as a contract, and the complexities introduced by consumer-centric healthcare models. By analyzing informed consent as a legal requirement, this study underscores the implications for professional autonomy and patient care. Key legal principles are explored, including the tension between traditional patient-doctor relationships and contemporary consumer-driven dynamics.
 


Keywords : • Medico-Legal Consent • Informed Consent • Consumer-Driven Healthcare • Physician Autonomy • Contract Law • Patient Rights.
Corresponding Author : Vivekanshu Verma,