CONFIDENTIAL LW/APR 2010/LAW570/340

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE
COURSE CODE
EXAMINATION
TIME
LAW RELATING TO HEALTH CARE / LAW AND
MEDICINE
LAW570/340
APRIL 2010
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 TWO (2) questions from PART B in
the Answer Booklet. Start each answer on a new page.
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. Please check to make sure that this examination pack consists of:
i) the Question Paper
ii) an Answer Booklet - provided by the Faculty
iii) Case List - 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/APR 2010/LAW570/340
PART A
QUESTION 1
An hour ago, Dr Aminah had treated a patient for wounds caused by a bullet. Later she
overheard news that the police was looking for a member of the Parang gang who has been
shot while attempting to rob a goldsmith shop at a shopping complex. Dr Aminah believed
her patient was the person the police was looking for.
Advise Dr Aminah on the duty of confidentiality.
(6 marks)
QUESTION 2
Discuss the principles of donation of organs by elderly patients.
(6 marks)
QUESTION 3
Explain the training of doctors under the provisions of the Medical Act 1971.
(6 marks)
QUESTION 4
Briefly explain the concept of surrogacy as practiced in the United Kingdom.
(6 marks)
QUESTION 5
Discuss the principles concerning the practice of euthanasia in the Netherlands.
(6 marks)
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CONFIDENTIAL
3 LW/APR 2010/LAW570/340
PARTB
QUESTION 1
a) Elly, aged 15, is underweight. She has been referred to Dr Molly for treatment. Dr
Molly has decided to ward Elly at the hospital and to force-feed her. Elly's parents
has consented to the treatment by Dr Molly. Elly however claims that she is matured
and could decide the matter for herself. Dr Molly however is of the view that Elly is
incompetent to provide consent.
Advise Dr Molly.
(10 marks)
b) Melati, who was three months pregnant, was given a blood transfusion after she was
injured in a road accident. The blood however was not fully screened. Later she
underwent a test and was found to be HIV positive.
Advise Melati whether she could take action against the hospital.
(10 marks)
QUESTION 2
a) Mr and Mrs Khoo have been married for 6 years. Mrs Khoo was very happy when
she became pregnant. Her baby, Susie, was prematurely born and was placed in an
incubator. However, the provision of excessive oxygen by the Dr Reeko has resulted
in Susie becoming blind. Even though an action for negligence exists, Susie's
parents are more interested in taking a disciplinary action against Dr Reeko.
Advise Susie's parents.
(10 marks)
b) Discuss the rights of mental patients as provided under the Mental Health Act
2001.
(10 marks)
QUESTION 3
The concept of ethics is important to safeguard the interests of doctors and the rights of
patients.
Discuss.
(20 marks)
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CONFIDENTIAL 4 LW/APR 2010/LAW570/340
PARTC
QUESTION 1
Penang Silk Route is a bus tour managed by North Tours Sdn Bhd. On 25 January 2010
they have 30 passengers on a bus heading towards Penang. As the bus was descending
Gunung Rapat near Ipoh, the left front tyre burst and the bus crashed into the hillside. Musa,
the driver, did his best to pacify the passengers.
One of the passengers rang the police. The police arrived to investigate. Most of the injured
were taken to the hospital nearby. However the hospital was short of beds for the night. Most
of the passengers were given out-patient treatment and only three who were badly injured
were hospitalised.
Consider the following:
a) Sulong, who was seated near the window, suffered a broken leg. He was taken to
the hospital in an unconscious state and was immediately treated. When he
regained consciousness, Sulong found that his leg has been amputated. Sulong
wishes to sue the hospital for non-consensual treatment.
Advise Sulong.
(10 marks)
b) Diane Kong's left arm was deeply cut when a broken glass pierced her. She was
treated by Dr Bond but the doctor failed to inform her that unless she underwent
further specialized treatment, there was a ten per cent risk that she might suffer
paralysis. Diane Kong did not pursue any further treatment and suffered paralysis in
her left arm. She wishes to sue Dr Bond.
Advise Dr Bond.
(10 marks)
c) Musang, a ten year old schoolchild, was badly injured when his head crashed into
the windscreen. He is still in a state of coma. His parents could not be contacted as
Musang was traveling alone and had no documents on him. The hospital applied the
concept of medical futility to proceed with their treatment.
Elaborate on the concept.
(10 marks)
END OF QUESTION PAPER
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