LL.B. (Three Years) Sem 6 Law and Medicine May 2026 75/25 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 right of self-determination?
2. Q2 State any two principles of Helsinki Declaration?
3. Q3 Define Brain-Stem Death.
4. Q4 What is Similia Similibus Curentur?
5. Q5 What is Res Ipsa Loquitur in the context of Medical Negligence?
6. Q6 State any two duties of Registered Medical Practitioners in India.
7. Q7 Define 'donor' under the Transplantation of Human Organs and Tissues Act, 1994.
8. Q8 What is 'Golden Hour' in medical treatment?

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

1. Q9 Contributory Negligence
2. Q10 AYUSH
3. Q11 Advance Medical Directive
4. Q12 Disaster Management Plan

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

1. Q13 Mr. Arun, 52 years old, visited Dr. Sanjana, a general practitioner, complaining of chest pain and shortness of breath. Dr. Sanjana, after a brief examination, prescribed antacids, concluding that the patient had only gastroesophageal reflux disease (GERD). She did not conduct any cardiac tests or refer the patient to a cardiologist despite Mr. Arun mentioning his family history of heart disease. Two days later, Mr. Arun suffered a massive heart attack at home and was hospitalized. He survived but suffered permanent cardiac damage. Mr. Arun filed a negligence suit against Dr. Sanjana claiming damages. (i) Has Dr. Sanjana breached her duty of care to Mr. Arun? Which test would be applied to decide this? (ii) Would Dr. Sanjana's failure to advise or conduct cardiac tests constitute gross negligence warranting criminal prosecution or merely civil negligence? Discuss.
2. Q14 A pharmaceutical company funds a pilot trial of a new drug at City Hospital. Dr. Mehta enrolls patients using a one-page consent form that omits disclosure of serious but rare side effects. Several participants develop those side effects and claim they were not adequately informed. (i) Write the elements of informed consent and whether the consent form is legally sufficient. (ii) Write the duties of treating doctors and hospital towards trial participants.
3. Q15 Pooja, who is not related by blood or marriage to the recipient, offers to donate a kidney out of long-standing friendship. The Authorization Committee seeks documentary evidence of "affection or attachment" but only receives WhatsApp messages and photographs. The committee rejects the transplant application citing insufficient proof. (i) What constitutes valid grounds for approval of unrelated organ donation under Transplantation of Human Organs and Tissues Act, 1994? (ii) What remedy does Pooja have if she believes the decision of the Committee was arbitrary?
4. Q16 Asha, an unconscious road-accident victim, is brought to Dr. Ravi's private clinic late at night. Dr. Ravi lacks ICU but, believing delay will be fatal, performs an emergency laparotomy without obtaining family consent. The surgery saves Asha's life but leads to a complication requiring prolonged hospitalization. Asha's husband sues Dr. Ravi for battery and medical negligence. (i) Is treatment without consent permissible? Discuss. (ii) What are the defences available to Dr. Ravi?

SECTION IV - Q.4: Answer in detail, any three (39 Marks - 13 marks each)

1. Q17 What is Euthanasia? Explain the different types and legal position of euthanasia in India, with relevant judicial decisions.
2. Q18 Discuss the salient features of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
3. Q19 Discuss Confidentiality and Privileged Communication in the Doctor-Patient relationship. State the circumstances under which disclosure of patient's information and medical records may be permitted or required.
4. Q20 Critically examine the issue of female foeticide in India with reference to the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994? Discuss the salient features of the Act and comment on its effectiveness.
5. Q21 Discuss the role of Judicial Pronouncements and Constitutional framework in giving effect to the Right to Health in India.

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