Paternalism and Patient Autonomy

Abstract

Patient Autonomy refers to the patient’s rational capacity for self-governance and self-
determination, while Paternalism is the interference with one’s autonomy with the purpose of
protection and prevention of possible harm. Here, the burden of proof lies heavily on the
governing body that makes the decision to override one’s autonomy to carry out paternalistic
actions. From a medical perspective, doctors engage in the act of Paternalism where they may limit
a patient's freedom.
This paper aims at researching and analyzing the application of these principles of professional
medical ethics from an Indian Health law perspective. By doing this, the researcher intends to
highlight the scope of these concepts in Indian legislations along with the importance of codifying
the length and breadth of Paternalism and Party Autonomy.