ABSTRACT
This chapter critically examines the implications of legal judgments in India that construct the archetype of the “passive patient” within the context of medical negligence cases. Building on the understanding that legal decisions are shaped by underlying ideologies and values, it explores how this constructed narrative reinforces paternalistic values, often rooted in dominant social norms, which marginalize patients’ agency in the Indian context. This chapter illustrates how the rhetoric of the “passive patient” sustains domination, exclusion, and marginalization within legal frameworks, reflecting the broader social inequities perpetuated by elite values. Through critical reflection, it argues for the necessity of shifting the legal perspective to recognize patients as persons with agency in their healthcare decisions and to transcend the limiting rhetoric of the “passive patient” and the dichotomy between health/care and choice, ultimately challenging the hegemonic influence of upper-caste, class, and gendered values in legal judgments.
