LL.B. (Three Years) Sem 6 Law and Medicine May 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 Brainstem death under Transplantation of Human Organs & Tissues Act, (THOTA) 1994.
2. Q2 Distinguish between an Embryo and a Foetus under The Pre-Conception & Pre-Natal Diagnostic Techniques (prohibition of sex selection) Act, 1994?
3. Q3 Define the concept of similia similibus curantur.
4. Q4 What is a Geriatric pregnancy?
5. Q5 What is the "golden hour"?
6. Q6 Name two governmental disaster management agencies in India.
7. Q7 What is Amniocentesis?
8. Q8 What is Magic Remedy under the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954?

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

1. Q9 Informed consent.
2. Q10 Registered medical Practitioner.
3. Q11 The Nuremberg Code.
4. Q12 Near Relative under Transplantation of Human Organs & Tissues Act, 1994.

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

1. Q13 A legislation to counter the evils of self-medication and the disastrous consequences of unethical advertisements was passed by the Parliament. Answer the Following: (i) Which Act legislated by the Parliament seeks to save ignorant people from being duped to purchase medicines just because their effect is advertised in eloquent terms. Give the short title of the Act. (ii) What is the object of this Act made by the Parliament. (iii) Cite a recent case law with brief facts.
2. Q14 A person fell from a moving train and sustained severe head injuries requiring immediate surgery by a neurosurgeon. He visited many hospitals which refused to admit him citing lack of facilities and specialised doctor for treating him due to which several precious hours were wasted. Fortunately, one hospital had the facilities and successfully operated upon him. A suit was later filed against the State Government for lack of facilities in hospitals run by the State Government in treating a critical victim of road accident. (i) Will the absence of a neuro-surgeon and neuro-surgery facilities at hospitals run by State Government amount to violation of right of patient? If yes, how. (ii) Enumerate the provisions of the Constitution to support your answer. (iii) Cite the relevant case law?
3. Q15 A male adult was operated for a risky and expensive heart operation. He was explained the risk of the operation. However, after the operation he was discharged against medical advice. One month later, the patient died. The relatives sued the doctor claiming negligence for discharging him. (i) Is the Doctor liable for action? Explain (ii) What could the defence of the Doctor? (iii) Is this a fit case of medical negligence on the part of the doctor? Give reasons to support your answer.
4. Q16 A patient's husband admitted her to a hospital with symptoms of fever and chills. A Widal test for typhoid was conducted which as per records was negative, the patient however, was administered medication for 4 days for typhoid (whereas the test for malaria was positive). The Patient's condition deteriorated, and she was shifted to another hospital in a critical condition, where she died. (i) Is the hospital where she was later admitted liable for her death? Explain (ii) What in your opinion is the cause of the patient's death? (iii) Is this a case of medical negligence? Who in your opinion is responsible?

SECTION IV - Q.4: Answer the following in detail, any Two (24 Marks - 12 marks each)

1. Q17 Enlist and comment on the varieties of medical professions in India. Name two regulatory bodies that regulate medical profession in India.
2. Q18 What is meant by self-regulation through a code of conduct? Explain professional misconduct with examples/case laws.
3. Q19 Explain the medico-legal aspects of sexual assaults with relevant case laws.
4. Q20 Discuss the concepts of Consumer Protection Act, 1986 as applicable to the medical profession. Cite relevant case laws.

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