LL.B. (Three Years) Sem 6 Law and Medicine Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Reply in two sentences (20 Marks - 2 marks each)

1. (a) What is meant by "Patient's Right to Self-Determination"?
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2. (b) Define Informed Consent.
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3. (c) Define "Advertisement" according to Drugs & Magic Remedies (Objectionable Advertisements) Act, 1954.
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4. (d) What is meant by 'Privileged Communication'?
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5. (e) Define 'Consumer' according to the Consumer Protection Act, 1986.
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6. (f) Enumerate any 2 duties of Registered Medical Practitioners.
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7. (g) Define 'Brain-Stem Death'.
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8. (h) Define 'Genetic Counseling Centre' according to PNDT Act, 1994.
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9. (i) Define 'therapeutic purpose' according to Transplantation of Human Organs Act, 1994.
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10. (j) State any 2 important provisions of Helsinki Declaration with respect to human experimentation of drugs.
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Q.2 Q.2: Short Note, any four (20 Marks - 5 marks each)

1. (a) Contributory Negligence
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2. (b) National Commission (Consumer Protection Act, 1986)
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3. (c) Nuremberg code
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4. (d) Medico legal aspects of Road Accidents
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5. (e) Euthanasia
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6. (f) Medico legal aspects of Sexual assaults
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Q.3 Q.3: Answer the following (12 Marks)

1. (1) A doctor after doing test disclosed the sex of the unborn child to be a male child. The delivered baby was female. The patient sued the doctor for negligence for wrong diagnosis. (a) Was the doctor negligent and liable to pay any compensation to patient? (b) Is doctor liable for any action under the provisions of which law and what action?
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2. (2) A male adult gave consent to donate his kidney for one of his friend. (a) Is he competent to give consent or and under the existing laws will be allowed to do so? (b) Which act will support or deny such action?
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3. (3) "If you are feeling old in young age come to "centre A" for feeling young in old age." This advertisement was published in a leading news paper. Many old people visited the centre and as they did not get desired result they sued the centre. (a) Is this advertisement objectionable? If yes why and under which act? If not then why not? (b) Advertiser's claim that any action will violate their right to freedom of speech under constitution of India. True or False. Give reasons.
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Q.4 Q.4 (48 Marks)

1. (a) What is medical negligence? What are the legal actions available for patients against doctors with respect to medical negligence? Discuss in brief the importance of Doctrine Res Ipsa Loquitor.
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2. (b) What are the varieties of medical professions in India? Discuss the striking features of all of them?
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3. (c) What are the principles laid down by the Apex Court in V.P Shantha's case? What is your opinion as to the applicability of Consumer Protection Act to medical profession? Give reasons for your opinion.
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4. (d) Examine critically the Role of the state and that of Non-State entities on Disaster Management.
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5. (e) Discuss concepts of Implied Consent and Confidentiality in medical profession.
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6. (f) Discuss the Rights and Duties of Medical Practitioners in detail. What is meant by 'Self Regulation through code of conduct'?
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