Author(s): Chaithra V, Vaarunee K, Keerthi Prasad K S, Ramesh L, Sreekar K, Winnifred D, Aishwarya J
Cite this article as: Chaithra V, Vaarunee K, Keerthi Prasad K S, Ramesh L, Sreekar K, Winnifred D, Aishwarya J. Medico-legal Paradigms In Dentistry: An Exhaustive Analysis Of Indian Jurisprudence, Clinical Liability, And Ethical Standards. Int J Health Res Medico Leg Prae 2026 Jan-June;12(1):37-41
The profession of dentistry in India has undergone a seismic shift from a paternalistic "healer-patient" relationship to a "provider-consumer" dynamic. This transition, driven by the commercialisation of healthcare, the exponential rise in patient literacy, and judicial activism, has brought dental practice strictly under the ambit of Indian legal frameworks. This review provides a comprehensive analysis of the medico-legal landscape facing the modern Indian dentist. It critically examines the statutory hierarchy, ranging from the constitutional right to health and the Dentists Act, 1948 to the transformative impact of the Consumer Protection Act (CPA) 2019. Special emphasis is placed on the expansion of pecuniary jurisdiction, the introduction of "Product Liability" which poses new risks for implantology, and the legal nuances of "Unfair Contracts." The review dissects the "Bolam Test" for negligence, the doctrine of informed consent versus informed refusal, and the critical defence of contributory negligence. Furthermore, it analyses specialty-specific risks like differentiating between clinical negligence in oral surgery versus communication-based litigation in orthodontics. Conclusively, the article argues that amidst judicial uncertainty highlighted by the 2024 Bar of Indian Lawyers judgment, the dental practitioner must evolve into a "hybrid professional" who balances clinical excellence with administrative rigour to navigate the complexities of contemporary jurisprudence.
Article reads consist of online article views and PDF downloads.
Views
7
Downloads
0