Medical Jurisprudence And Quest For Fairness: Addressing Distributive Justice, Unjust Enrichment, And Unethical Medical Practices

Krishna Aghav, Maharashtra National Law University, Mumbai

Aditi Thite, Maharashtra National Law University, Mumbai

ABSTRACT

This research paper examines the complex interplay between law, ethics, and morality within the healthcare sector, with a central focus on achieving fairness. It delves into the concepts of distributive justice, political idealism, and deontology as essential ethical foundations. The paper also investigatesissues of unjust enrichment and ethical deviations within the medical profession. Furthermore, it highlights the significance of positive law in shaping ethical healthcare governance, covering aspects such as informed consent, deterrence, and legal positivism. The research underscores the critical need for integrating legal and ethical considerations to ensure a healthcare system that upholds principles of justice, patient welfare, and the common good.

Keywords: Medical Jurisprudence, Healthcare Ethics, Medical Malpractice, Unjust Enrichment, Patient Welfare, Ethical Medical Practices, Deontology, Legal Positivism, Healthcare Governance