CONFIDENTIAL LW/APR 2008/LAW570/340

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE
COURSE CODE
EXAMINATION
TIME
: LAW RELATING TO HEALTH / LAW AND
MEDICINE
: LAW570/340
: APRIL 2008
: 3 HOURS
INSTRUCTIONS TO CANDIDATES
1. This question paper consists of THREE (3) parts : PART A (6 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 2008/LAW570/340
PART A
QUESTION 1
Discuss the view of Lord Mustill in Airedale NHS Trust v. Bland [1993] 1 All ER 821 with
reference to the practice of euthanasia by doctors in the United Kingdom.
(5 marks)
QUESTION 2
Explain the concept of autonomy of patient in refusing treatment.
QUESTION 3
(5 marks)
Explain the concept of medical futility relied upon by doctors in refusing treatment of
patients.
(5 marks)
QUESTION 4
Discuss the role of the Malaysian Medical Council in ensuring the registration of doctors and
in monitoring registered doctors to ascertain that they conduct their practice ethically and
professionally.
(5 marks)
QUESTION 5
Discuss the Declaration of Tokyo 1975 with reference to medical practice.
QUESTION 6
Discuss the principles relating to donation of organs in Malaysia.
(5 marks)
(5 marks)
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CONFIDENTIAL 3 LW/APR 2008/LAW570/340
PARTB
QUESTION 1
Every touching of a patient by way of medical treatment is potentially a battery. To protect
himself the doctor must obtain consent from his patients.
Elaborate on the concept of consent of treatment of adults, minors and mental patients.
(20 marks)
QUESTION 2
a) Doctors can be prosecuted for criminal acts against their patients.
Comment with reference to decided cases.
(10 marks)
b) Doctors who are negligent can be sued by their patients.
Discuss with reference to decided cases.
(10 marks)
QUESTION 3
With reference to relevant cases, elaborate on the principles relating to ownership of body
parts and discuss the legal status of scientific research and discoveries on body parts made
by doctors.
(20 marks)
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CONFIDENTIAL 4 LW/APR 2008/LAW570/340
PARTC
QUESTION 1
Didee, aged 10, disappeared on her way home from school. Mr. and Mrs. Tan had made a
report of the matter to the police and the event was widely reported by the media. However,
there was no progress in the investigation on the whereabouts of Didee.
Three weeks later the police called upon Mr. and Mrs. Tan to identify the body of a child,
whom they thought was Didee. Mr. and Mrs. Tan could not identify the body. To verify the
matter, the police requested that Mr. and Mrs. Tan undergo a DNA procedure. It turned out
that the corpse was not that of Didee.
Mrs. Tan, who was then three months pregnant, was very much stressed. She could not
manage her hair saloon. Mr. Tan decided that Mrs. Tan needed to see a psychiatrist for
treatment. Dr. Molly, the psychiatrist, was of the opinion that Mrs. Tan should terminate her
pregnancy. However, both Mr. and Mrs. Tan disagreed for this would be their second child
apart from Didee, who was still missing. Word got around that Mrs. Tan was crazy and she
lost her customers to her rival, Dennis Wong.
Consider the following:
a) Mrs. Tan wishes to sue Dr. Molly and her staff for breach of confidentiality.
Advise Dr. Molly.
(10 marks)
b) Elaborate on the law of abortion in the United Kingdom and Malaysia.
(10 marks)
c) If Mrs. Tan suffers a miscarriage, discuss the healthcare services and facilities that
are available to assist Mr. and Mrs. Tan in reproductive medicine under Malaysian
law.
(10 marks)
END OF QUESTION PAPER
Hak Cipta Universiti Teknologi MARA CONFIDENTIAL