LL.B. (Five Years) Sem 10 Law and Medicine Dec 2017 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory. 2. Figures to the right indicate full marks. 3. Cite relevant case laws wherever necessary.

SECTION I - Q.1: Answer the following in not more than two sentences (20 Marks - 2 marks each)

1. Q1 Name the Central Act for Disaster Management in India.
2. Q2 Define 'Magic Remedy' under DMR (OA) Act, 1954.
3. Q3 What is meant by 'Res Ipsa Loquitor'?
4. Q4 What is 'unani' system of medicine?
5. Q5 Define 'Human Organ' under THOA, 1994.
6. Q6 Define 'Deficiency in Service' under Consumer Protection Act, 1986
7. Q7 What is meant by Contributory Negligence?
8. Q8 What is 'SAFE' kit?
9. Q9 Mention two medical malpractices in India.
10. Q10 What is 'sex selection' under PCPNDT, Act 1994

SECTION II - Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. Q11 Role and functions of Indian Medical Council.
2. Q12 Determination of Brain stem death under THOA, 1994.
3. Q13 Hippocrates's oath.
4. Q14 Doctor patient confidentiality.
5. Q15 Euthanasia.
6. Q16 Right to health under the constitution of India

SECTION III - Q.3: Answer the following by giving reasons, any two (12 Marks - 6 marks each)

1. Q17 "People click selfies at site of accident on state highway", was the headline in a leading newspaper. (i) What is 'golden hour'? (ii) What is the duty of doctors and hospitals towards victims of road accidents? (iii) What is duty of Good Samaritans towards a road accident victim?
2. Q18 'A' was receiving free treatment and medicines for tuberculosis at a Government hospital. 'A' relying on an advertisement which claimed to cure TB, discontinues his course without any medical consultation. After three months he suffers from a relapse of the disease. (i) Can 'A' take legal action against the hospital/doctor? (ii) What defenses can be put forth by the hospital/doctor? (iii) Name the law which prohibit such advertisements
3. Q19 'A' was undergoing treatment at 'XYZ' hospital. The hospital made it mandatory for its patients to purchase medicines and medical equipment's from hospital pharmacy. Upon discharge 'A' found that he could have saved Rs. 2 lakh if he had been allowed to purchase his medicines from other pharmacies. (i) Under what law can 'A' file a complaint? (ii) Which dispute redressal agency should 'A' approach? (iii) What legal reliefs are available to 'A'?

SECTION IV - Q.4: Answer the following, any four (48 Marks - 12 marks each)

1. Q20 Explain Informed Consent and Implied Consent in light of Doctor Patient Contractual relationship.
2. Q21 Why is Consumer Protection Act, 1986 applicable to Medical Profession? Discuss the objections to its applicability raised in IMA vs V.P. Shantha 1995.
3. Q22 Explain the Medico-legal aspects of sexual assault with special reference to duties of the medical practitioners and enforcement agencies.
4. Q23 Discuss the relevant provisions of the Nuremberg Code and Helsinki Declaration concerning the regulation of Human Experimentation of Drugs.
5. Q24 Define medical negligence and elaborate the various defenses against medical negligence.
6. Q25 Discuss the role of National and International agencies in disaster management.

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