LL.B. (Three Years) Sem 6 Law and Medicine Oct 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 Define Transplantation under Transplantation of Human Organs & Tissues Act, (THOTA) 1994.
2. Q2 What is Euthanasia?
3. Q3 What is toxic effect (lethal effects) of a drug?
4. Q4 What is Contributory Negligence?
5. Q5 What is the objective of the The Pre-Natal Diagnostic Techniques (Regulation and Prevention Of Misuse) Act, 1994?
6. Q6 Mention any two instances of Medical Malpractice?
7. Q7 Define 'Service' under Consumer Protection Act, 1986.
8. Q8 Define 'Drug' under the Drugs & Magic Remedies (Objectionable Advertisement) Act, 1954.
9. Q9 What is 'Similia Similiabus Curantur'?
10. Q10 What is Command Nucleus?

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

1. Q11 Therapeutic privilege.
2. Q12 Clinical Trials.
3. Q13 Medico legal aspects of Road Accidents.
4. Q14 Doctor-Patient Relationship.

SECTION III - Q.3: Situational Problems, answer any two (12 Marks - 6 marks each)

1. Q15 A boy, who was 20 years old met with an accident and was admitted on a free bed in a private charitable hospital. The boy was operated as an emergency case. However, later he developed infection and pus started oozing out. The patient sued the doctor and the hospital for negligence. (i) Can the doctor take the plea that he operated the patient as an emergency case on a free bed, hence he is not liable? Give reasons for your answer. (ii) Collaborate your answer with at least one case law. (iii) Define 'Service" under Consumer Protection Act, 1986?
2. Q16 A competent adult patient was suffering from brain tumor. 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 defense/s of the doctor? (ii) What is doctrine of contributory negligence? (iii) Can the doctrine of contributory negligence be applied in this case? Explain.
3. Q17 Determination of sex is prohibited under the Pre Conception and Pre-Natal Diagnostic Techniques Act, 1994. Answer the following questions: (i) What is the relevance of prohibition of sex determination under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994? (ii) Define 'Genetic Counselling Centre' under this Act. (iii) What do you understand by "pre-natal diagnostic procedures"?
4. Q18 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? Cite appropriate maxim. (iii) Is gross negligence necessary to attract criminal liability in a case of medical negligence? Give reasons to support your answer.

SECTION IV - Q.4: Answer any two in detail (24 Marks - 12 marks each)

1. Q19 Discuss the reaction of medical professionals when medical profession was included as Service within the meaning of The Consumer protection Act, 1986. Cite relevant Case laws. Give your opinion on the justification for the inclusion of medical profession under the purview of The Consumer protection Act, 1986.
2. Q20 Discuss the phases and relevance of a Disaster Management Plan. Give two case laws on Mass Disaster.
3. Q21 What are the varieties of a medical profession in India? Discuss the rights of a Registered Medical Practitioner.
4. Q22 Explain the concepts of privileged communication, informed consent and confidentiality in a doctor-patient relationship.

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