LL.B. (Three Years) Sem 6 Law and Medicine Apr 2025 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Note: 1. Please check whether you have got the right question paper. 2. Answer all questions. 3. Total marks are indicated to the right.

SECTION I - Q.1: Answer any six questions in one or two sentences (12 Marks - 2 marks each)

1. Q1 Define 'Advertisement' under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
2. Q2 What is meant by 'Res Ipsa Loquitor'?
3. Q3 What is the purpose of a 'SAFE' kit?
4. Q4 What is the relevance of 'Golden hour'?
5. Q5 Define 'Brain stem death' under Transplantation of Human Organs & Tissues Act, 1994 (THOTA, 1994)?
6. Q6 Define 'Deficiency' in service under Consumer Protection Act, 1986
7. Q7 Mention two instances of medical malpractices in India.
8. Q8 Mention two conditions when pre-natal diagnostic techniques can be used or conducted?
9. Q9 Mention any two Rights of a Registered Medical Practitioner.
10. Q10 What is a command Nucleus?

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

1. Q11 Doctor Patient Confidentiality.
2. Q12 Regulation of Hospitals under THOTA, 1994
3. Q13 Right to self-determination
4. Q14 Objectionable Advertisements under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

SECTION III - Q.3: Answer any two of the following (12 Marks - 6 marks each)

1. Q15 Section 6(a) of the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of sex selection) Act, 1994 reads: [6. "Determination of Sex Prohibited. On and from the commencement of this Act, (a) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus;"] (i) Briefly enumerate the objectives of The Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of sex selection) Act, 1994? (ii) Define 'Genetic Counselling Centre' as per the Act. (iii) Define 'Foetus' as per the Act.
2. Q16 An unmarried 44-year-old lady, complained of heavy menstrual flow. She alerted her doctor that she was still bleeding throughout her period and that it had been going on for nine days. Then as advised she consented and went for a laparoscopic test under general anaesthesia. The doctor during the test obtained the consent of the patient's mother and removed the patient's uterus & ovaries. The patient sued the doctor for negligence. (i) State the relevant Case law. Can a consent for a particular treatment be valid for another treatment? (ii) State the condition/s when the consent for a particular treatment is valid for another treatment. (iii) What factors should the court consider while fixing the quantum of compensation in the given case.
3. Q17 A nonagenarian man lost his wife and having no family support petitioned the government to grant him permission for active euthanasia. (i) What do you understand by the term active euthanasia? (ii) Explain the legal status of euthanasia in India. (iii) Cite two landmark cases dealing with euthanasia.
4. Q18 A State government employee had a heart ailment, and the specialist of the disease are not available in that State. Therefore, he was permitted by the Director of Health Services and the Medical Board of the State to have treatment outside the State in a reputed Medical Institute. The employee had to pay room rent at the institutes as per their rates. The employee claimed reimbursement of for the same. The State government rejected the claim. The employee went to the court. (i) Will the employee succeed? (ii) Under what provision of the Constitution can the employee seek relief? (iii) Draft arguments for the employee.

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

1. Q19 Discuss the scope of right to health and medical care through landmark cases decided by the supreme Court.
2. Q20 Explain the Medico-Legal aspects of sexual assault with special reference to duties of the medical practitioners and enforcement agencies.
3. Q21 Discuss the relevant provision of the Nuremberg Code and Helsinki Declaration concerning the regulation of human Experimentation of Drugs.
4. Q22 Define Medical negligence and elaborate the various defenses available to a doctor against medical negligence.

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