CONFIDENTIAL LW/JUN 2012/LAW570/340

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE
COURSE CODE
EXAMINATION
TIME
LAW RELATING TO HEALTH CARE / LAW AND
MEDICINE
LAW570/340
JUNE 2012
3 HOURS
INSTRUCTIONS TO CANDIDATES
1. This question paper consists of three (3) parts : PART A (5 Questions)
PART B (2 Questions)
PART C (1 Question)
2. Answer ALL questions in the Answer Booklet. Start each answer on a new page.
3. Students will be provided with a case list prepared by the Faculty.
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
DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO
This examination paper consists of 4 printed pages
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LW/JUN 2012/LAW570/340
PART A
QUESTION 1
Discuss on the tests of determining the sex of a person under the case of Corbett v Corbett
(1970) 2 All ER 33.
(6 marks)
QUESTION 2
Explain briefly any two modes of control that the Ministry of Health exercised against
facilities set up under the Private Healthcare Facilities and Services Act 1998.
(6 marks)
QUESTION 3
The training and registration of nurses in Malaysia are determined by the Nursing Board.
Explain briefly the role and powers of the Nursing Board.
(6 marks)
QUESTION 4
Briefly state the various offences mentioned under the Medical Act 1971 that will allow the
Malaysian Medical Council to exercise disciplinary jurisdiction over any registered medical
practitioner.
(6 marks)
QUESTION 5
Post-mortem is essential in determining the cause of death of a person.
Explain briefly the procedure involved in order to conduct a post-mortem on a deceased
person.
(6 marks)
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PARTB
QUESTION 1
Doctors and nurses each have their own code of ethics.
Elaborate on the ethics that both doctors and nurses have to follow in the interest of their
professions.
(20 marks)
QUESTION 2
a) Compare and contrast the law relating to abortion in Malaysia and the United
Kingdom.
(10 marks)
b) Husman and Esah has been married for five years. They have a son aged four.
Despite his wife's assurance, Husman is a jealous and suspicious husband. He
believes that a career woman can go astray. There was no more sex between them
after their son was born. Esah was always giving excuses whenever Husman
approached her. Husman has been suspicious since then. Furthermore over the
past two years, her credit cards have been lavishly spent on cosmetics, dresses and
clubs. He believes that his wife is having an affair with one of her colleagues.
One day, Husman received an SMS from a stranger which states :
"Go to Shah Restaurant now, you will find your wife with her lover."
Husman drove his car recklessly and on arrival saw Esah with her girlfriends.
Husman is now convinced that Esah has become a lesbian.
Husman did nothing but went back to his office. However, his mind was wild with
accusations against Esah. That night when Esah was taking her bath, Husman
attacked her with a knife. He stabbed and stabbed her countlessly. He left the
bedroom in a daze. He ignored the maid's questions and left the house. The maid
went up to the bedroom with a mug of hot cocoa for Esah. She saw a trail of blood
on the carpet leading to the bathroom. When she opened the bathroom she saw
Esah's dead body. The maid was shocked and rang for the police.
When Husman was arrested by the police, he was at a nearby park, looking dazed
and confused. Husman has since been charged for the murder of his wife but his
counsel thinks that there is a great possibility that he could be saved under the
defence of unsound mind.
Explain the principles relating to the defence of unsound mind.
(10 marks)
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PARTC
QUESTION 1
After two hours of heavy rain, Mega Hospital received a number of patients who were
involved in various road accidents.
a) Ah Moy, a teacher aged 25, who was seven months pregnant, suffered a broken leg
when her car skidded and knocked into lamp-post. Dr Wong, who examined Ah Moy
discovered apart from the broken leg, Ah Moy was having early and irregular
contractions. He advised that a caesarian operation be performed immediately on Ah
Moy to save the baby. Ah Moy managed to contact and informed her husband, Lee
who was away auditing companies in Sabah, about the suggested treatment.
Ah Moy was put under general anaesthesia. Unfortunately she did not recover from
the operation and later suffered permanent irreversible brain damage. The baby
however, was fine.
Lee wished to sue Dr Wong and Mega Hospital for negligence.
Advise DrWong and Mega Hospital.
(10 marks)
b) Imran, aged 16 years, was rescued by the Fire Department in a road accident. Both
his parents were killed in the accident. Imran was unconsciuos when he was
wheeled into the hospital. Imran's right arm was severely injured and he needed
immediate surgery to save his life. Dr. David conducted the said surgery. Two days
later, his uncle arrived from Penang and wished to sue the doctor for conducting
treatment without consent.
Advise Dr. David and Mega Hospital Management Committee on the concept of
consent to treatment and the exceptions thereto.
(10 marks)
c) Shamsul, a pedestrian aged 25 years, was hit by a car which failed to stop at the
traffic lights. Shamsul suffered serious head injuries and needed to be saved
immediately. Shamsul, however, was declared brain-stemed dead before the
operation. Shamsul is put on ventilation and the hospital staff has approached his
family for donation of organs.
Advise the family on the law pertaining to donation of organs.
(10 marks)
END OF QUESTION PAPER
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