LL.B. (Three Years) Sem 6 Law and Medicine May 2023 Set 2 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 Discuss the provisions which have bearing on Right to Health in Indian Constitution citing relevant Case Laws.
2. Q2 Discuss the varieties of Medical Systems accepted by National Medical Commission in India. Add a note on importance of recognition by NMC/ State.
3. Q3 What was the reaction of Medical professionals when Medical profession was brought under Consumer protection Act 1986? Discuss in detail with relevant case laws.
4. Q4 Discuss the Doctrine of Informed Consent with relevant Case laws.

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

1. Q5 Near Relative (as per Human Organ Transplant Act)
2. Q6 Unethical conduct and Medical malpractice
3. Q7 Living Will
4. Q8 Medico legal aspects of road accident.

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

1. Q9 Bombay Genetic Clinic" is a famous well established clinic in Mumbai. Dr Dilip is working there as a Gynaecologist and Mr Gafur is working there as a Medical Geneticist. There is a Complaint filed against Mr Gafur claiming that his Degree is Fake. There are also some rumours about the Certification of the Bombay Genetic Clinic (a) If the Allegation against Mr Gafur is true Can any action be taken against The Genetic Clinic? Elaborate on your opinion (b) If it is found that the Genetic Clinic is not registered with the appropriate Authority, what action can be taken against (1) the Clinic and (2) Against Dr Dilip and Mr Gafur.
2. Q10 Mr B was to undergo a major surgery Which required blood. Dr A donated blood. On testing it was found to be positive for HIV and hence discarded. This fact somehow was known to his Fiancee. Her family inquired with the hospital about HIV status of Dr A. On knowing that he was HIV positive his engagement was called off and he was ostracized in his community. Dr A sued the Hospital. (i) Will Dr A succeed? (ii) Explain the rule of confidentiality. (iii) cite relevant case law.
3. Q11 A patient 'X' whose blood group was A+ve, was transfused with B+ve blood group on two different dates. The patient's condition worsened, and she soon died. (i) Is this a fit case of medical negligence? Why? (ii) Does this case require evidence to prove negligence? (iii) Cite the Maxim
4. Q12 A competent adult patient was suffering from brain tumour. It required an emergency operation. The operation was risky and expensive. The Patient refused the operation and was discharged against medical advice. After one month of discharge, the patient died. The relatives sued the doctor claiming negligence for not informing them about the seriousness of the illness. (i) Is the doctor liable? What could be the defence/s of the doctor? (ii) What is doctrine of contributory negligence? Can the doctrine of contributory negligence be applied in this case? Explain.

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

1. Q13 What is Magic Remedy under the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954?
2. Q14 What is Similia similiabus curantur?
3. Q15 What is the right of self-determination?
4. Q16 What is Amniocentesis?
5. Q17 What is Bolams Test?
6. Q18 Define Brainstem death under Transplantation of Human Organs Act, (THOA) 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 Mention any two Rights of Registered Medical Practitioner
9. Q21 Explain the term Command Nucleus
10. Q22 Define 'Drug' under the Drugs & Magic Remedies (Objectionable Advertisement) Act, 1954.

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