Published March 23, 2026 | Version v1

NAVIGATING THE GREY: CAPACITY, CONSENT, AND THE EMERGENCY PHYSICIANS DILEMMA

  • 1. 1. Department of Emergency Medicine, Peerless Hospitex Hospital and Research Centre Limited, Kolkata, India.

Description

Background: In the high stakes environment of Emergency Departments (ED), the intersection of clinical urgency and legal obligation regarding patient capacity and consent creates significant ethical and professional challenges. This study evaluates the knowledge, attitudes, and practices (KAP) of Indian emergency physicians concerning the complexities of informed, implied, and presumed consent. Materials and Methods: A multi-center, cross-sectional, observational study was conducted among 120 licensed medical practitioners across public and private hospitals in India. Data were collected via a validated, structured questionnaire assessing knowledge of consent typologies, documentation habits, and conflict resolution strategies. Statistical analysis was performed using Chi-square tests and logistic regression (p < 0.05).

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