LL.B. (Five Years) Sem 10 Law and Medicine May 2023 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in Detail, any two (24 Marks - 12 marks each)

1. Q1 IMA v V P Shantha- Discuss the impact of the case in in Detail.
2. Q2 Discuss the judicial interpretation of article 21 of the Constitution of India with special reference to the health care system in India. Give at least two case laws.
3. Q3 Enlist and comment on the varieties of medical professions in India.
4. Q4 What are different types of Consent? Discuss Informed Consent relevant Case laws.

SECTION II - Q.2: Write Short notes, any 2 (12 Marks - 6 marks each)

1. Q5 Contributory Negligence
2. Q6 Functions of National Medical Commission
3. Q7 Rights and duties of Registered Medical Practitioners
4. Q8 Swap Donation under Human organ Transplant Act

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

1. Q9 A practicing Homeopathy Doctor was found to be treating the patients with Allopathic Medicines. Unfortunately the patient Died. (1) Is the Doctor Liable? Give your Reasons. (2) Cite the relevant case Law
2. Q10 Bombay Sonology Center is a Registered Establishment. Dr X is working in this center as a Honorary Sonologist getting Rs 500 per month as Honorarium, Mrs A who is pregnant, approaches the clinic for Sonography. One Assistant of Dr X informs on phone to one Mr Y, who is relative of Mrs A that "All is Well" (a) Is this act against any Law? (b) Which Law? Kindly elaborate your answer mentioning relevant sections. (c) Is Dr X Liable?
3. Q11 Advertisement of X toothpaste reads 'Recommended by dentists worldwide', 'World's No. 1 sensitivity toothpaste' and 'clinically proven relief, works in 60 seconds'. (1) Is this Advertisement Objectionable? Give reasons. (2) Under which enactments can Action be taken against this Advertisement? Give reasons. (3) Cite relevant case Law
4. Q12 LSCS operation (Operative Delivery) planned. Patient and her relatives had Homely relations with the treating Doctor. They wanted a normal Delivery. They Delayed giving consent for operation. Asked for a Second opinion which Resulted into a delay of one Hour. Later they agreed for operation. Due to this delay the new born baby suffered and required advanced and expensive care and was left with some defect. Patient and the relatives blamed the Doctor and the hospital alleging Negligence / Deficiency in service. (1) Will they succeed? Give Reasons (2) Add a note on precautions you would advise to the Hospital and Doctors in such cases?

SECTION IV - Q.4: Answer in Short, any 6 (12 Marks - 2 marks each)

1. Q13 What is Advertisement under the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954?
2. Q14 What is a Living Will?
3. Q15 What is the right of self-determination?
4. Q16 What is Amniocentesis?
5. Q17 What is Res Ipsa Loquitor?
6. Q18 Define Near Relative under Transplantation of Human Organs Act 1994.
7. Q19 What is the objective of the The Pre conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention Of Misuse) Act, 1994?
8. Q20 What is Bolams Test?
9. Q21 Define 'Consumer' under Consumer Protection Act, 1986.
10. Q22 What is ECG and EEG.

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