CONFIDENTIAL LW/OCT 2006/LAW570/340

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE
COURSE CODE
EXAMINATION
TIME
. LAW RELATING TO HEALTH /
LAW AND MEDICINE
: LAW570/340
: OCTOBER 2006
: 3 HOURS
INSTRUCTIONS TO CANDIDATES
1. This question paper consists of THREE (3) parts : PART A (5 Questions)
PART B (3 Questions)
PART C (1 Question)
2. Answer ALL questions from Part A and Part C and only 2 questions from Part B in the
Answer Booklet.
3. Candidates are strongly advised to allocate not more than 60 minutes for answering
questions in PART A.
4. Do not bring any material into the examination room unless permission is given by the
invigilator.
5. Students will be provided with a case list.
6. Please check to make sure that this examination pack consists of:
i) the Question Paper
ii) an answer booklet - provided by the Faculty
DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO
This examination paper consists of 5 printed pages
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PART A
QUESTION 1
Explain the aims of the Private Healthcare Services and Facilities Act 1998.
(6 marks)
QUESTION 2
Discuss the role of the Malaysian Medical Council concerning the discipline of doctors.
(6 marks)
QUESTION 3
Consider the criminal liability of doctors in relation to euthanasia.
(6 marks)
QUESTION 4
Evaluate the concept of consent with reference to minor patients.
(6 marks)
QUESTION 5
Discuss the aims and purposes of the harm reduction program for drug users introduced by
the Ministry of Health in April 2006.
(6 marks)
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PARTB
QUESTION 1
Read the following treating each separately:
a) Aboo married Minah in 1990. They are childless. Minah wishes to adopt a child but
Aboo is against it. Unknown to Minah, Aboo has engaged in sex with several of the
workers at the factory where he works. Four months ago, Dr. Rosie informed Aboo
that he has the Human Immunodeficiency Virus. Despite the doctor's advice, Aboo
has not mentioned his disease to Minah. Last month Minah met Dr. Rosie for her
monthly check up and was told of Aboo's condition.
Advise Aboo who wishes to sue Dr. Rosie for informing Minah of his disease.
(10 marks)
b) Polly is excited that she is three months pregnant. Her husband, James, however is
not willing to have a child as yet because they will soon be leaving to further their
studies in Germany.
Advise Polly and her husband on whether they could abort the baby in Malaysia.
(10 marks)
QUESTION 2
In relation to sex reassignment, discuss:
a) the factors involved in determining the sex of a person, and
(10 marks)
b) the importance of identity in relation to birth, marriage, employment and other
associated legal issues.
(10 marks)
QUESTION 3
The training of doctors in Malaysia needs to be reviewed. Apart from their first degree,
doctors should continuously educate themselves about new scientific discoveries and
methods of practice.
Comment.
(20 marks)
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LW/OCT 2006/LAW570/340
PARTC
QUESTION 1
Timah, a teacher, delivered her first baby in January 2000. She stopped breastfeeding her
baby when she had to return to work. In June 2002 Timah discovered that there was a lump
near the nipple of her right breast. She was referred to the General Hospital of Kuala Lumpur
for specialist treatment. Timah consulted Dr. Nona, a specialist, and after several tests it was
confirmed that she had breast cancer. When Dr. Nona asked about her family history, Timah
informed the doctor that her aunt and her grandmother had also suffered from breast cancer.
Dr. Nona advised Timah to go for an operation to remove the lumps in her breast.
Consider each of the following:
a) Timah consented to the surgery and it was carried out in November 2002. The
removed lump was sent to the laboratory for further diagnosis. Six months later there
was a write-up by Dr.Yusoff, a leading researcher on cancerous breast lump. He had
interviewed Timah in the hospital earlier. In his article, he referred to Timah's family
tree and made an analysis of the genetic cause of the cancer.
Advise Timah whether she has any grounds to sue Dr. Yusoff for unethical conduct.
(10 marks)
b) Dr. Nona then sent Timah for chemotherapy treatment. The doctor warned Timah
that she might suffer hair loss due to the chemo treatment.
Timah was upset with the after effects of the treatment but her husband's
reassurance of his love for her strengthened her spirit. In June 2005, Timah was told
that the growth of the cancerous cells was under control. Timah was to follow-up
treatment with the hospital.
In April 2006 Timah collapsed at the school. She was rushed to the hospital and they
discovered that she had fluid in her lungs, which were then punctured to remove the
fluid. Timah was told that the retention of fluid in the lungs was a symptom of lung
cancer. There was a possibility that the cancer would spread to her other internal
organs such as the heart and liver. Timah wishes to sue the hospital for the
negligence of Dr. Nona.
Advise Timah.
(10 marks)
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c) Timah's husband was upset with the ailments of his wife and eventually divorced her
in January 2006. He took custody of the child. Timah became much stressed and
was not able to cope with her work. In June 2006 Timah resigned from her post and
went back to live with her parents in Ipoh. Timah attempted to commit suicide but
was saved by her parents in time and since then she has been warded at Hospital
Bahagia, Ipoh.
Dr. Nordin, the treating psychiatrist, held many sessions with Timah and is confident
that Timah can cope with the stress. In his report, he recommended that Timah be
released from the institution.
Discuss the procedures of releasing mental health patients from a mental institution.
Consider also the importance of Dr. Nordin's report to the Board of Visitors of
Hospital Bahagia, Ipoh in relation to the release.
(10 marks)
END OF QUESTION PAPER
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