LLB 3 Years Sem 6 Law Medicine Nov 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q2 Answer any 20 marks
   • (a) Who can give consent for the donation of human organ?
   • (c) ‘Consumer’ under Consumer Protection Act, 1986
   • (e) Salient features of the PNDT Act
   • (f) Medical Certificate
2. Q3 Answer any two 12 marks
3. Q1 An accident case was brought to the casualty of the hospital. On examination he was found to be drunk and had a fracture of the leg. He refused to take any treatment so he was discharged against medical advice. After about six months he filed a case of damages against the hospital claiming improper treatment and compensation for the deformity of
   • a) Is the Hospital liable for action? Explain: If yes why? If no why?
   • b) What could be the defense of the Hospital
4. Q2 A competent adult patient was suffering from a Brain Tumour. It required an emergency operation. The operation was risky and expensive. Patient refused the operation and was discharged against medical advice. After one month patient died. The relatives sued the doctor claiming negligence for not informing them about the seriousness of the illness
   • a) Is the Doctor liable for action. What could be the defence of the Doctor
   • b) Can the doctrine of contributory negligence be applied in this case?
5. Q3 Six months pregnant lady sued the doctor for committing rape on her medical examination revealed bleeding, swelling of the genital parts. There were no marks of violence any where on the body of the victim or the accused, there was no semen stain on
   • (a) Will her claim be justifies? Can the doctor take the defense that the findings of the medical report may be due to infection of the genital parts?
   • (b) In this case what is the importance of Hyman?
6. Q4 Answer any four :
   • (a) Do you think application of Consumer Protection Act to medical profession has created fears in the minds of Medical Profession about an illegitimate claim of the patient? If yes, what are they and what is the remedy?
   • (b) Explain the Importance of detailed Medical examination with reference to a case law of Sexual assault
   • (c) Constitutional right to health has changed the health care system in India. Support your answer with case law and the constitutional provisions
   • (d) What can be the defense of Registered Medical Practitioner in a case of medical negligence? Explain with at least one case law
   • (e) State and describe the varieties of Medical practice in India
   • (f) Discuss the international Regulation for human experimentation with respect to the Nuremberg Code

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