B.A. LL.B. (Five Years) Sem 10 Law and Medicine May 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.

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

1. (a) What is 'autopsy'?
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2. (b) What is 'AYUSH'?
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3. (c) Define 'brain stem death'?
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4. (d) Define 'near relative' under THOA, 1994.
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5. (e) State any two duties of a registered medical practitioner.
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6. (f) What is 'Golden Hour'?
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7. (g) What is a clinical trial?
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8. (h) Mention two laws applicable to road accidents.
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9. (i) Define 'magic remedy' under DMR (OA) Act, 1954.
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10. (j) What are the objectives of PCPNDT Act, 1994.
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Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (a) Role and functions of Ethics committee in clinical trials.
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2. (b) Disaster Management of epidemics.
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3. (c) Medico-legal aspects of sexual assaults.
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4. (d) Regulation of Pre Natal Diagnostic Techniques.
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5. (e) National Consumer Disputes Redressal Commission.
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6. (f) Medico-Legal aspects of the Bhopal Gas Tragedy.
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Q.3 Q.3: Answer the following by giving reasons, any two (12 Marks - 6 marks each)

1. (a) "A" was suffering from acute abdominal pain and was diagnosed with an inflamed appendix. 'A' signed the consent form and underwent operation for appendicitis. A week after discharge 'A' suffered from acute abdominal cramps and was readmitted. Ultrasound revealed that a metal scissors was left in his abdominal cavity. 'A' had to undergo another operation. 'A' lost his job and his medical bills mounted to Rs.5 lakh. (i) What is medical negligence? (ii) What is the test for medical negligence? (iii) What relief can be claimed by 'A' and against whom?
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2. (b) 'W' has been married for 10 years and has two daughters. She is expecting her third child. 'W' without informing her husband goes to a diagnostic center along with her mother and under goes pre-natal diagnostic tests. The sonologist at the diagnostic center reveals the sex of the foetus. 'W' on getting to know she is carrying a girl child terminates her pregnancy. (i) Mention two pre-natal diagnostic tests. (ii) With reference to the problem, who all are punishable under PCPNDT Act, 1994? (iii) What are the punishments under PCPNDT Act, 1994?
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3. (c) Mr. 'A' accompanied 'B' to the hospital. At the hospital 'A' donated blood. Through preliminary compulsory testing it was found that 'A' was HIV positive. The hospital authorities informed 'A's fiancee of his medical condition due to which she broke off her engagement with 'A'. (i) Explain the rule of confidentiality? (ii) What rights of 'A' have been violated? (iii) Cite the relevant authority.
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Q.4 Q.4: Answer the following, any four (48 Marks - 12 marks each)

1. (a) Discuss "Right to health" through landmark cases decided by the Supreme Court.
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2. (b) What are the major changes bought by the decision given by the Supreme Court in Indian Medical Association vs V.P. Shantha & Ors (1995)?
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3. (c) Discuss the legal position of euthanasia in India with the help of case laws.
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4. (d) What is Female Foeticide? Discuss the existing laws which can be employed to check the menace of Female Foeticide in India.
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5. (e) Discuss the prohibitions and penalty under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
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6. (f) Explain in detail the various systems of medicine in India.
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