B.A. LL.B. (Five Years) Sem 10 Law and Medicine Oct 2025 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer any six of the following, not more than two sentences (12 Marks - 2 marks each)

1. (1) Define "informed consent."
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2. (2) What is contributory negligence?
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3. (3) What is "Crosspathy" and "Mixopathy"?
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4. (4) What is euthanasia?
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5. (5) Define medical negligence.
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6. (6) Define "Brain Stem Death" under Transplantation of Human Organs Act, 1994.
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7. (7) What is the Nuremberg Code?
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8. (8) What is Bolam Test?
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Q.2 Q.2: Short notes, any two (12 Marks - 6 marks each)

1. (1) National Accreditation Board for Hospitals.
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2. (2) Rights and Duties of Registered Medical Practitioner.
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3. (3) Medical Insurance.
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4. (4) Role of AYUSH.
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Q.3 Q.3: Answer the following by giving reasons, any two (12 Marks - 6 marks each)

1. (1) A 45-year-old patient diagnosed with a serious cardiac condition is advised immediate surgery. The doctor explains the procedure, risks, complications, and alternatives. Despite being fully informed, the patient signs a written refusal. Later, the patient dies due to cardiac arrest, and the family accuses the doctor of negligence, demanding compensation. (a) Does the patient's informed refusal absolve the doctor of liability for alleged medical negligence? Explain. (b) What legal remedies, if any, are available to the patient's family in such a scenario?
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2. (2) Following the death of a patient in a private hospital due to treatment complications, the patient's relatives and friends vandalize hospital property and assault the treating doctors. Several staff members are injured, and the hospital files a police complaint. (a) What legal provisions can be invoked against the relatives and friends for vandalism and assault in this situation? (b) What remedies and protections are available to the hospital staff under criminal and civil law?
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3. (3) A wellness clinic advertises herbal weight-loss tablets claiming 10 kg loss in one week without diet or exercise. Customers suffer health issues, and authorities find the claims false and unscientific. (a) Which legal provisions can be invoked against the clinic for making false and misleading advertisements? (b) What remedies are available to protect consumers who were harmed by the misleading claims?
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4. (4) A surgeon at a private hospital performs a kidney transplant between two unrelated individuals without obtaining prior authorization or verifying the donor's consent. It is later discovered that the donor was paid illegally, and the claims regarding the procedure are false and unscientific. (a) What legal provisions are violated by the surgeon and hospital in conducting the kidney transplant without proper authorization and consent? (b) What remedies and penalties are available against the hospital and medical practitioners for illegal organ trade and misleading claims?
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Q.4 Q.4: Answer the following in detail, any three (39 Marks - 13 marks each)

1. (1) What is the concept of a Living Will, and how does it relate to a patient's request for Do Not Resuscitate (DNR) orders in medical practice? Explain in detail.
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2. (2) What are the legal and ethical safeguards regulating clinical trials of drugs on humans in India?
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3. (3) How does the Consumer Protection Act, 2019 apply to the medical profession, and what legal remedies are available to patients for deficiency in medical services?
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4. (4) What is meant by confidentiality and privileged communication in the doctor-patient relationship, and under what circumstances can a doctor lawfully disclose patient information?
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5. (5) Explain briefly the salient features of National Medical Commission Act, 2019.
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