LL.B. (Three Years) Sem 6 Law and Medicine May 2026 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in 2 to 3 sentences, any six (12 Marks - 2 marks each)

1. Q1 What is AYUSH?
2. Q2 What is a 'living will'?
3. Q3 What is therapeutic privilege?
4. Q4 What is contributory negligence?
5. Q5 What is the objective of the Transplantation of Human Organs and Tissues Act, 1994.
6. Q6 State any two duties of a Registered Medical Practitioner in India.
7. Q7 What is a Clinical Trial?
8. Q8 What is 'Golden Hour' in Medical Treatment?
9. Q9 What is the significance of Hippocratic Oath in Medical Practice?
10. Q10 Which facilities are required to be registered under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.

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

1. Q11 Euthanasia
2. Q12 Confidentiality in Medical Practice
3. Q13 Nuremberg Code
4. Q14 Disaster Management Plan

SECTION III - Q.3: Solve the situational problems, any two (12 Marks - 6 marks each)

1. Q15 A pharmaceutical company telecasts a national TV ad for "GlucoGone" syrup that promises "complete cure of diabetes in 60 days" and shows a former patient saying they stopped insulin after taking the syrup. The company claims the testimonial is a genuine patient story. A public interest group files a complaint alleging that the advertisement is misleading, violates statutory provisions, and poses a risk to public health by encouraging patients to abandon prescribed treatments. With reference to the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954: (i) Examine whether the advertisement for "GlucoGone" is legally objectionable. Whether a genuine patient story can be used as a defence under the Act? (ii) What are the possible legal consequences for the pharmaceutical company under the Act?
2. Q16 Dr. Ramesh, a cardiac surgeon at a private hospital, operated on Mr. Vikrant, a 58-year-old patient suffering from a blocked coronary artery. During the surgery, Dr. Ramesh left a surgical swab inside the patient's body. The patient developed an infection a week later and had to undergo a second emergency surgery to remove the swab. Mr. Vikrant suffered severe complications and prolonged hospitalization. He filed a complaint against Dr. Ramesh under the Consumer Protection Act seeking compensation. (i) Does Mr. Vikrant have a valid claim of Medical Negligence against Dr. Ramesh? Which legal test would the court apply? Discuss. (ii) Would the hospital also be held liable for Dr. Ramesh's action? State your reasoning.
3. Q17 A 42-year-old patient, Rajesh, suffering from end-stage renal failure, is admitted to a private hospital in Mumbai. His treating doctor advises an urgent kidney transplant. Rajesh's wife, Meena, volunteers to donate her kidney. However, during the verification process, the hospital's Authorization Committee discovers that Meena is not Rajesh's legally wedded wife but has been living with him for several years without formal marriage. Meanwhile, the hospital arranges for another donor, Rafiq, who claims to be a distant relative of Rajesh. On inquiry, it is revealed that Rafiq is financially distressed and has agreed to donate his kidney in exchange for ₹5 lakhs offered by Rajesh's family. The hospital proceeds with preliminary compatibility tests without immediately reporting the matter to the appropriate authority. (i) Discuss whether Meena can be treated as a 'near relative' under the Transplantation of Human Organs and Tissues Act, 1994? (ii) Discuss the legality of Rafiq's proposed donation.
4. Q18 During a clinical trial, a volunteer experiences severe adverse effects. The trial sponsor denies responsibility claiming the consent form explained risks and the volunteer assumed them. (i) Is informed consent a complete bar to liability for research injuries? Explain. (ii) What are the sponsor's duties under Indian law for trial safety and compensation?

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

1. Q19 Critically examine the evolution of the Right to Health as a fundamental right in India, analyzing how the Supreme Court has expanded the scope of Article 21 through landmark judicial interventions.
2. Q20 How do the concepts of 'Informed' and 'Implied' consent operate within the doctor-patient relationship? Discuss their legal implications in the context of invasive surgeries and emergency interventions. Support your answer with relevant examples and case laws.
3. Q21 What is Medical Negligence? Elaborate the various defences available against Medical Negligence?
4. Q22 Discuss the Medico-Legal Aspects of Road Accidents in India.

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