CONFIDENTIAL LW/NOV 2005/LAW570/340

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE
COURSE CODE
EXAMINATION
TIME
LAW RELATING TO HEALTH / LAW AND
MEDICINE
LAW570/340
NOVEMBER 2005
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.
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 4 printed pages
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CONFIDENTIAL 2 LW/NOV 2005/LAW570/340
PART A
QUESTION 1
Discuss the duty of confidentiality of doctors in relation to public policy.
(6 marks)
QUESTION 2
Explain the principles relating to ownership of discoveries in biomedical research.
QUESTION 3
Discuss the principles relating to access of medical records.
(6 marks)
(6 marks)
QUESTION 4
Elaborate on the importance of continuous education for the medical profession.
(6 marks)
QUESTION 5
Discuss the role and powers of the Ministry of Health in ensuring the quality of services by
private healthcare facilities.
(6 marks)
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CONFIDENTIAL 3 LW/NOV 2005/LAW570/340
PARTB
QUESTION 1
Roo and his friends had been selected by Media Sdn Bhd to do a documentary on the
wildlife of Sarawak. They hired a helicopter to take them to their destination. Due to strong
winds the helicopter crashed in the jungles of Sarawak.
Roo, aged 26, was the sole survivor of the crash. He spent three nights in the jungle with
three corpses. Once rescued he was flown to Sibu Hospital by the rescue team from the
Malaysian Armed Forces. The hospital conducted several tests on him and found that he
had several broken ribs and was highly disturbed. Two months later, he was discharged
from the hospital.
Since the day he arrived home, his parents found that Roo was extremely upset by the death
of his friends. He refused to go to work. He talked to himself and at times was found crying.
His parents claimed that Roo was not himself and admitted him to the psychiatric unit for
observation.
At the psychiatric unit, Roo was put under surveillance. One day, Roo escaped from the
ward and was found dead several hours later in the parking lot of the hospital.
The Police Forensic Unit carried out a post-mortem and found that the deceased had
consumed poison.
Advise Roo's family whether they could sue the hospital management.
(20 marks)
QUESTION 2
The patient has a right to consent to and to refuse treatment. However in determining what is
best for a disabled patient, the court takes the patient's welfare as the paramount
consideration.
Discuss the above statement.
(20 marks)
QUESTION 3
a) Elaborate on the impact of human rights in the law of medicine in the United Kingdom
with the passing of the Human Rights Act 1998.
(10 marks)
b) Discuss the possible legal actions that could be taken against a Human
Immunodeficiency Virus (HIV) carrier who knowingly transmits the virus to those who
have sexual relationships with him.
(10 marks)
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CONFIDENTIAL 4 LW/NOV 2005/LAW570/340
PARTC
QUESTION 1
Aminah, aged 16, has been diagnosed as suffering from anorexia nervosa. Her parents had
admitted her for treatment at Maju Jaya Medical Centre. Despite her protests the doctors
had force-fed her.
Three days after Aminah was hospitalized her parents were involved in a road accident.
Puan Maree Bongsu, her mother, who was six months pregnant, suffered from severe head
injuries. When she became comatosed, the doctors consulted Azizi, her husband, to carry
out a caesarian section to lessen her burden. Azizi, however, strongly disagreed.
Azizi, who was paralysed from the waist down as a result of the accident, was advised to
undergo a surgery to ease the pain in his back. The doctors failed to inform him that there
was a 5 % risk that he might be fully paralysed if the procedure failed. The operation was
carried out and Azizi became totally paralysed.
Perform each of the following tasks separately:
a) Aminah refused to continue her treatment and claimed that she is competent to make
such a decision.
Discuss.
(10 marks)
b) Despite Azizi's protests a caesarian section was conducted on Puan Maree Bongsu.
Both the mother and baby survived for two days. Azizi wishes to sue the hospital
management. The doctors, however, claimed they did what they did in the best
interest of the patient.
Consider whether Azizi will be successful in his legal action.
(10 marks)
c) Azizi has forwarded a letter of complaint to the Malaysian Medical Council alleging
negligence of the medical staff in providing information for his treatment.
Consider the possible action that could be taken by the Malaysian Medical Council
against the doctors of Maju Jaya Medical Centre.
(10 marks)
END OF QUESTION PAPER
Hak Cipta Universiti Teknologi W1ARA CONFIDENTIAL