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Law & Medicine
LL.B. - 3rd Year – Semester VI
2-markers asked between Nov 2008 – Nov 2019

Q.1 Answer the following in not more than two sentences: - 20

1. What is ‘Res Ipsa Loquitur’? [Nov 2012, May 2014, Nov 2015, May 2016, Nov 2016, Nov 2017, Nov 2018, May
2019]
A. The maxim means “The thing speaks for itself.” It is considered to be an exception to the general rule. The
general rule says that it is the obligation of the plaintiff to prove that the harm or damage caused to him/her
by the defendant was due to the negligence on the defendant's part. But the doctrine of Res Ipsa Loquitur
shifts the burden of proof from the plaintiff to the defendant where now the defendant has to prove that the
act which is considered as negligence by the plaintiff can reasonably happen and without him being
negligent. This doctrine which is used as an exception is not the rule of law but a rule of evidence which
gives the upper hand to the plaintiff and disposes him from the obligation of proving the negligence.
2. Define ‘Magic Remedy’ under DMR (OA) Act, 1954. [May 2009, Nov 2009, May 2010, May 2012, Nov 2012, May
2013, Nov 2014, May 2016, May 2017, Nov 2017, Nov 2018, May 2019]
A. (c) “magic remedy” includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged
to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any
disease in human beings or animals or for affecting or influencing in any way the structure or any organic
function of the body of human beings or animals
3. Define ‘Brain stem death’? [Nov 2008, Nov 2009, May 2010, May 2011, Nov 2011, Nov 2012, Nov 2013, Nov
2015, May 2017, May 2018, May 2019]
A. Section 2(d) of The Transplantation of Human Organs Act, 1994 defines: “Brain Stem Death means the
stage at which all functions of the brain stem have permanently and irreversibly ceased and is so certified by
the doctor.
4. Who is Gynaecologist and genetic counsellor (councilor)? [May 2009]
5. Define Gynaecologist and Paediatrician according to the PNDT Act, 1994. [May 2013, May 2014, Nov 2014, Nov
2016]
A. “Gynaecologist” means a person who possesses a post- graduate qualification in gynaecology and obstetrics.
“Pediatrician” means a person who possesses a post-graduate qualification in pediatrics.
6. Define 'Drug' under DMR (OA) Act, 1954. [Nov 2008, Nov 2009, Nov 2010, May 2011, Nov 2012, May 2013, May
2014, Nov 2014, May 2018]
A. S 2 (b) Drug includes—
(i) a medicine for the internal or external use of human beings or animals;
(ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of
disease in human beings or animals;
(iii) any article, other than food, intended to affect or influence in any way the structure or any organic
function of the body of human beings or animals;
(iv) any article intended for use as a component of any medicine, substance or article, referred to in sub
clauses (i), (ii) and (iii).
7. State any two rights of a registered medical Practitioner. [May 2013, Nov 2014, May 2015, Nov 2016, May 2018]
A. 1. Right to choose his patients
2. Right to use his title and qualifications
3. Right to receive and recover his fees and expenses
4. Right to be appointed in hospitals and institutions
5. Right to practice medicine and dispense medicine
6. Right to issue medical certificates
7. Right to give evidence
8. Right to remove organs and tissues from a dead body
9. Right to perform medical termination of pregnancy
10. Right to disclose confidential information in exceptional circumstances
11. Right to be exempted from serving as a member of a Jury
12. Right to use the Red Cross emblem
8. State any two duties of a registered medical practitioner. [Nov 2013, Nov 2015, May 2016, May 2017]
9. State any two duties of a registered medical practitioner towards patients. [May 2013, Nov 2019]

Hare Kṛṣṇa Hare Kṛṣṇa, Kṛṣṇa Kṛṣṇa Hare Hare

Hare Rāma Hare Rāma, Rāma Rāma Hare Hare Chant Hare Kṛṣṇa and be Happy!!!
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10. Define ‘Deficiency in service’ under Consumer Protection Act, 1986. [May 2009, Nov 2009, May 2013, May 2015,
Nov 2016, Nov 2017, May 2018, May 2019]
11. Define ‘Service’ under Consumer Protection Act, 1986. [Nov 2008, May 2010, May 2011, May 2012, May 2014,
May 2016]
12. Define ‘Deficiency’ according to Consumer Protection Act, 1986. [Nov 2014]
13. What is the difference between ECG and EEG? [May 2010, Nov 2010, May 2012, Nov 2012, May 2016]
14. Define ‘Hospital’ according to Transplantation of Human Organ Act 1994. [May 2013, May 2014, May 2016]
15. What is meant by the Patient’s Right of Self Determination? [Nov 2008, Nov 2009, Nov 2010, May 2011, May
2012, Nov 2012, Nov 2013, May 2016]
A. It means that the patient has a right to determine what should be done with his body. It also gives him the
right to reject a particular line of treatment or select an alternate form of treatment - or even to opt for no
treatment at all – although from a medical point of view, such a decision may entail serious risks, including
death.
B. In Common Cause v. Union of India (2018 5 SCC 1), the court held that a person of full age and sound mind
has the right to refuse a specific line of treatment or even opt for no treatment at all – even if such a decision
might entail the risk of death. The court thus held a person’s right to self-determination.
16. What is meant by ‘Self-Regulation through code of conduct’? [May 2013, Nov 2014, May 2016]
A. It refers to a doctor regulating his behaviour as a medical practitioner by complying with a code of conduct
laid down by a recognized medical association or a peer group of doctors.
17. What is the difference between Radiology and Sonography? [Nov 2008, May 2011, May 2012, Nov 2012, May
2015, Nov 2016]
18. Define ‘near relative’ under THOA, 1994. [Nov 2011, May 2013, Nov 2016, May 2017, Nov 2019]
19. Define 'Advertisement' under DMR (OA) Act, 1954. [Nov 2010, Nov 2011, May 2013, Nov 2013, Nov 2016, Nov
2018]
A. (a) “Advertisement” includes any notice, circular, label, wrapper or other document, and any announcement
made orally or by any means of producing or transmitting light, sound or smoke.
20. Examples of Contributory Negligence. [May 2010]
21. What is meant by Contributory Negligence? [May 2009, Nov 2009, Nov 2010, Nov 2011, Nov 2012, May 2015,
Nov 2016, Nov 2017]
A. Contributory negligence of a patient is any unreasonable conduct or absence of ordinary care on the part of
the patient or his personal attendant which combined with the doctors’ negligence contributed to the injury
complained of as a direct proximate cause and without which the injury would not have occurred.
22. What is ‘autopsy’? [May 2017]
Define “Post Mortem”. [Nov 2015]
A. An autopsy or a post-mortem examination is a surgical procedure involving a thorough examination of the
corpse by dissection to determine the cause and manner of death. The word autopsy is derived from the
Greek word autopia, which means “to see for oneself”. In an accidental death, an autopsy is often performed
to ascertain the cause of death.
23. Name two systems of medicine prevalent in India. [May 2019]
24. What is 'AYUSH'? [May 2017, Nov 2019]
A. AYUSH is an acronym which refers to the five non-allopathic medical systems prevailing in India, namely
Ayurveda, Yoga, Unani, Siddha and Homeopathy. A Ministry of Ayush was formed by the Government of
India for the optimal development of these alternative branches of Medicine.
25. What is ‘unani’ system of medicine? [Nov 2017]
26. Name the Central Act for Disaster Management in India. [Nov 2017]
A. The Disaster Management Act, 2005
27. Name any International Agencies/Organizations involved in Disaster Management. [May 2014, Nov 2014]
A. 1. The International Red Cross and Red Crescent Movement 2. CARE - The Cooperative for Assistance
and Relief Everywhere, Geneva 3. International Association of Emergency Management 4.
International Emergency Management Society
28. What do you mean by human experimentation? [May 2010]
29. State any two provisions of Helsinki Declaration with respect to human experimentation of drug. [Nov 2013]
30. Who is Neonatologist and Nephrologist? [Nov 2008, Nov 2009, May 2010, Nov 2010, May 2011, Nov 2011]
A. Neonatologist is a doctor who determines the sex of a child and Nephrologist is is a doctor who deals with
kidney diseases.
31. What are the objectives of PCPNDT, Act, 1994? [May 2017, May 2018]
32. What is therapeutic abortion? [May 2009]
33. Define "embryo" under PCPNDT, Act, 1994. [May 2018]
Hare Kṛṣṇa Hare Kṛṣṇa, Kṛṣṇa Kṛṣṇa Hare Hare
Hare Rāma Hare Rāma, Rāma Rāma Hare Hare Chant Hare Kṛṣṇa and be Happy!!!
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34. What is the pre-natal period under the PNDT Act, 1994? [May 2014]
35. What is ‘sex selection’ under PCPNDT, Act 1994 [Nov 2017]
36. What is sex determination? [Nov 2019]
37. Define ‘foetus’ under PCPNDT, Act 1994. [May 2019]
38. Define Foeticide [May 2012]
39. Define Female Foeticide [May 2015]
40. Define “Period of Conception”. [Nov 2015]
41. Define genetic clinic. [May 2009]
A. 2(d) PCPNDT: “Genetic Clinic” means a clinic, institute, hospital, nursing home or any place, by whatever
name called, which is used for conducting pre-natal diagnostic procedures.
42. Define ‘genetic counselling center’ according to PNDT Act, 1994. [Nov 2013]
A. 2(c) PCPNDT: “Genetic Counselling Centre” means an institute, hospital, nursing home or any place, by
whatever name called, which provides for genetic counselling to patients.
43. What is the objective of the DMR (OA) Act, 1954? [Nov 2019]
44. Mention two grounds on which MCI can take disciplinary actions against Doctors. [May 2018, May 2019]
A. Page 24 Jhab
45. Define Consent [May 2015]
A. Consent for the purpose of medical treatment means grant of permission by the patient for an act to be
carried out by the doctor, such as a diagnostic, surgical or therapeutic procedure.
46. Difference between Express Consent and Implied Consent. [May 2009]
47. What is "Express Consent"? [May 2018]
A. Express consent is valid consent given in writing or orally. Express consent is when the patient directly
communicates their positive and explicit consent to the doctor or healthcare provider. This is usually done
in writing by signing papers. It can also be supported through oral or verbal communication with the doctor
(such as saying, “Yes, I consent”). Express consent is not time-limited unless the user withdraws their
consent.
48. Define ‘Implied Consent’. [Nov 2012]
A. Implied consent occurs through the actions or conduct of the patient rather than direct communication
through words. For example, informed consent can be implied from patient’s nodding of the head, or by
them showing up at the agreed upon time for surgery.  If the patient has prepared themselves for surgery by
fasting for the previous 24 hours, this might also serve as proof of implied consent. A patient enters a
doctor’s clinic and sits in the examination chair, his consent is implied for examination, diagnosis and
consultation.
B. Implied consent is more difficult to prove than express consent. 
49. Define ‘informed consent’. [Nov 2008, Nov 2009, May 2011, May 2012, Nov 2013]
A. The process by which a patient learns about and understands the purpose, benefits, and potential risks of a
medical or surgical intervention, including clinical trials, and then agrees to receive the treatment or
participate in the trial. Informed consent generally requires the patient or responsible party to sign a
statement confirming that they understand the risks and benefits of the procedure or treatment.
50. Who can give consent for donation of human organs? [Nov 2010]
A.
51. What is the difference between Paediatrician and Physician? [Nov 2015]
A. Paediatrician treats general medical conditions in children and adolescents whereas a General Physician
treats common health problems of all age groups and not specifically as in the case of a Paediatrician.
52. What is toxic effect (lethal effect) of drug? [Nov 2008, May 2011, May 2012]
53. What is meant by privileged communication? [Nov 2013]
54. Difference between communication and privileged communication. [Nov 2008, May 2011, Nov 2011]
A. Evidence Act - Section 122 to 127
55. Mention two laws that outline the conduct of medical practitioners. [May 2019]
56. Define Registered Medical Practitioners [May 2015]
A. “registered medical practitioner” means a medical practitioner who possesses any recognised medical
qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and
who is enrolled on a State Medical Register as defined in clause (k) of that section
57. What is the Hippocrates' Oath in the medical profession? [May 2014]
58. What is the significance of Hippocrates's Oath in Medical profession? [Nov 2016, May 2018]
A. It is a solemn oath taken in the name of God by every physician to take care of every member of the society
and render medical services by strictly adhering to the medical ethics. By taking this oath they undertake
that they will observe medical ethical principles in their practice of medicine. This oath is of great historical
Hare Kṛṣṇa Hare Kṛṣṇa, Kṛṣṇa Kṛṣṇa Hare Hare
Hare Rāma Hare Rāma, Rāma Rāma Hare Hare Chant Hare Kṛṣṇa and be Happy!!!
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significance as it morally – if not legally – binds a doctor to observe a high degree of ethics in his profession.
It is believed that Hippocrates, who is regarded as the ‘father of medicine’, formulated this oath around 5 th
Century B.C.
B. Unfortunately, very often, this exercise is regarded a mere formality or a bow to tradition rather than an
acceptance of a legally or morally binding covenant.
59. What does the case of Poonam Varma v/s Dr. Ashwin Shah deal with? [Nov 2010]
A.
60. State two duties of doctors towards victims of sexual assault. [May 2018]
61. Define Rape. [May 2012]
62. Give two examples of medico-legal cases. [Nov 2018]
A. 1. Road Accidents 2. Sexual Assault 3. Medical Negligence 4. Mass Disaster
63. What are the prerequisites of a legally valid dying statement? [Nov 2018]
A.
64. What are the objectives of TOHO Act, 1994? [May 2014, Nov 2018]
A.
65. Define ‘Human Organ’ under THOA, 1994. [Nov 2017]
A. “human organ” means any part of a human body consisting of a structured arrangement of tissues which, if
wholly, removed, cannot be replicated by the body.
66. Define contract. [Nov 2015]
67. 'What is meant by “fiduciary relationship" [Nov 2018]
A.
68. What is ‘SAFE’ kit? [Nov 2017]
A. It is a rape kit consisting of a package of items used by medical personnel for collecting and preserving
physical evidence after a sexual assault. The kit contains useful items like swabs for collecting fluid from
lips, thighs, vagina, cheeks and other parts of the body, sterile containers for urine, and blood collection
devices, etc.
69. Mention two medical malpractices in India. [Nov 2017]
70. What is the jurisdiction of National Commission under Consumer Protection Act, 1986. [May 2015, Nov 2016,
Nov 2018]
71. What is a clinical trial? [May 2017]
What is a good clinical trial? [May 2019, Nov 2019]
A. Clinical trial means tests of drugs conducted on human beings.
72. What is ‘Golden Hour’? [May 2017]
What is the relevance of ‘Golden hour’? [May 2019]
A. The term ‘Golden Hour’ refers to the hour immediately following the traumatic injury or accident. The most
important thing to be done after a road accident is to take the survivors to the nearest hospital as quickly as
possible. If medical treatment is given to the patient during this hour, irreversible damage can generally be
prevented and the chances of survival are optimized.
73. Mention two laws applicable to road accidents. [May 2017]
A. 1. Road Traffic Act, 1988; 2. Motor Vehicles Act, 1988; 3. Rules of the Road Regulations 1989
74. State two duties of hospitals towards road accident victims. [May 2019]
Mention two duties of doctors towards victims of road accidents. [Nov 2018]
A. 1. Get the patient admitted immediately and give him immediate and proper medical treatment or first-aid.
2. Not to refuse or withhold treatment to the victim on the ground that it is a police case
3. Inform the police as soon as possible about the victim being admitted to the hospital.
4. If critical, send him to the suitable hospital for proper care and treatment.
5. Perform autopsy in cases of fatal accidents in order to ascertain the cause of death.
6. Duty to take standard reasonable care while treating the victim.
75. What is “Command Nucleus”? [May 2010, May 2016]
A. The command nucleus is a small body of responsible persons who would be in over-all charge when any
disaster strikes. The key functionaries of the disaster management plan should collectively form a command
nucleus, headed by the CEO of that organization.
76. What was the main focus of the declaration of Alma-Ata? [Nov 2019]
77. What is the jurisdiction of “District Commission”? [Nov 2015]
78. What is the jurisdiction of the State Commission under Consumer Protection Act, 1986? [May 2014, Nov 2014,
Nov 2019]
79. Define ‘Consumer’ under Consumer Protection Act, 1986. [Nov 2013, Nov 2015]
80. Define ‘Consideration’ under Consumer Protection Act. [Nov 2011]
Hare Kṛṣṇa Hare Kṛṣṇa, Kṛṣṇa Kṛṣṇa Hare Hare
Hare Rāma Hare Rāma, Rāma Rāma Hare Hare Chant Hare Kṛṣṇa and be Happy!!!
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81. What is ‘Amniocentesis’? [Nov 2010, Nov 2011, May 2016]
A. It means removing the fluid from the uterus. It refers to pre-natal diagnostic test.
82. What is quackery? [Nov 2019]
A.
83. Define ‘therapeutic purpose according to Transplantation of Human Organ Act 1994. [Nov 2008, Nov 2009, May
2011, Nov 2011, Nov 2013]
A. S. 2(o) “therapeutic purposes” means systematic treatment of any disease or the measures to improve health
according to any particular method or modality.
84. Define Therapeutic Privilege. [May 2009, Nov 2010, Nov 2012]
A. Therapeutic Privilege is a privilege given to the doctor, whereby the doctor can withhold such information
about the treatment from his patient, which he thinks will be detrimental to his psychological health. The
doctrine of Therapeutic Privilege is an exception to the doctrine of Informed Consent.
85. Define ‘Transplantation’ according to Transplantation of Human Organ Act 1994. [May 2010, Nov 2011, Nov
2014]
A. S. 2(p) “transplantation” means the grafting of any human organ from any living person or deceased person
to some other living person for therapeutic purposes.
86. What is the difference between acupressure and acupuncture? [Nov 2014]
87. Recipient in Transplantation of Human Organ Act. [Nov 2015]
88. Define "donor" under TOHO Act, 1994. [May 2015, Nov 2018]
A. (f) “donor” means any person, not less than eighteen years of age, who voluntarily authorises the removal of
any of his human organs for therapeutic purposes under sub-section (1) or sub-section (2) of section 3.
89. Define Death [May 2015]
90. Define similia similibus curentur. [May 2009, Nov 2009, May 2010, May 2012]
A. This is the essence of the Homeopathy system of medicine, which means “Likes are cured by likes” or “Let
likes be treated by likes.” In other words, those substances which can cause certain symptoms in a normal
person can cure a sick person suffering from the same symptoms if administered in a proper form. For
example, if arsenic is consumed by a healthy person, it causes symptoms like vomiting and diarrhoea. Now if
the homeopathic version of arsenic is given in a diluted form to a person suffering from food poisoning, it
gives immediate relief to the person and cures him.
91. ADDITIONAL TERMINOLOGIES, NOTES, ETC
92. Governmental Disaster Management Agencies in India: 1. The National Disaster Response Force (NDRF);
2. The National Disaster Management Authority (NDMA) 3. The National Institute of Disaster
Management (NIDM)
- The National Disaster Management Authority (NDMA) – HEADED by the PM
- The State Disaster Management Authorities – HEADED by the CMs
93. Private Disaster Management Agencies / NGOs in India: 1. HelpAge India 2. CARE India
3. Aniruddha’s Academy of DM
94. Good Samaritan Law: Page 100 Jhab
95. Statutory Rape: Sexual intercourse by a man with his own wife also amounts to rape if she is under eighteen years
of age. This is sometimes referred to as Statutory Rape.
96. Ethics Committee: Several hospitals and other medical institutions now have an Ethics Committee, which is a
body of individuals appointed to protect the interests of patients and address moral issues.
97. Clinical Trials Registry: was launched India in July 2017. The Registry envisages the registration of all clinical
trials in the country, even before the first participant is enrolled.

Hare Kṛṣṇa Hare Kṛṣṇa, Kṛṣṇa Kṛṣṇa Hare Hare

Hare Rāma Hare Rāma, Rāma Rāma Hare Hare Chant Hare Kṛṣṇa and be Happy!!!