CONFIDENTIAL LW/APR 2007/LAW570/340

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE
COURSE CODE
EXAMINATION
TIME
. LAW RELATING TO HEALTH /
LAW AND MEDICINE
: LAW570/340
: APRIL 2007
: 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 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. 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/APR 2007/LAW570/340
PART A
QUESTION 1
Explain the procedure for registration of a medical practitioner according to the Medical Act
1971.
(6 marks)
QUESTION 2
Enumerate the procedures involved in the establishment of a medical facility under the
Private Healthcare and Facilities Act 1998.
(6 marks)
QUESTION 3
Elaborate on the medical practice relating to abortion in Malaysia.
(6 marks)
QUESTION 4
Apart from the Ministry of Health there are various non-government organizations (NGOs)
that participate in promoting a healthy lifestyle for the public.
Identify one of these NGOs and consider its activities in promoting health.
(6 marks)
QUESTION 5
Explain the concept of patient's autonomy in the refusal of medical treatment.
(6 marks)
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CONFIDENTIAL 3 LW/APR 2007/LAW570/340
PARTB
QUESTION 1
Aminah has been under great stress since she was divorced from the husband. Her
husband was given custody of their child. Since then Aminah has been under medication for
her stress problems.
To ease her mind Aminah went back to stay with her parents. She decided to work with her
sister, Asiah, who operates a day care centre for pre-school children. Amir and his wife,
Julia, placed their daughter, Rosie, at the center. For the first week every thing was fine.
During the second week however, Rosie would cried every time Julia left her there.
One day Julia discovered bruises on Rosie's body. Amir and Julia took their child to the
medical clinic for an examination. Dr. Hasnah confirmed that Rosie has been physically
abused. Dr. Hasnah advised them to make a police report.
Consider the following:
a) After the police investigation was completed, Aminah was charged with causing
grievous harm to Rosie.
Advise Aminah as to any possible defence she may have with reference to the
Mental Health Act 2001.
(10 marks)
b) Amir and Julia intend to sue Asiah for the injuries suffered by Rosie.
Advise Asiah.
(10 marks)
QUESTION 2
a) Discuss the law relating to ownership of biomedical research and discoveries.
(10 marks)
b) Transsexuals must be provided with a new identification document that reflects their
new identity.
Comment on the above statement.
(10 marks)
QUESTION 3
With reference to relevant cases, discuss the concept of consent in the treatment of patients.
(20 marks)
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CONFIDENTIAL 4 LW/APR 2007/LAW570/340
PARTC
QUESTION 1
Petai had knocked down Terong, a ten year old schoolboy, who was waiting at the bus stop.
Terong was rushed to the Klang General Hospital but he died later in the evening due to
massive haemorrhaging of the brain. The doctors have approached Terong's parents for
donation of Terong's organs.
Petai, who suffered a broken leg, was also warded at the Klang Hospital. In the meantime,
Petai's car was towed to the police station where the police found several packages of
drugs. Since then Petai was placed under police supervision. Two days later however, Petai
escaped from the hospital with the assistance of Rempit, a corrupted hospital attendant.
The police suspect that Petai and Rempit are heavily involved in drug-related activities. The
police immediately set up road blocks to capture Petai and Rempit. A week later the police
received information from a member of the public on the whereabouts of Rempit and Petai.
The police ambushed their hideout. Both Petai and Rempit were badly injured and had to be
hospitalized. Both men however lapsed into a coma and have since been placed on
ventilators for life support.
Answer the following questions based on the above facts:
a) What is the legal meaning of death?
(5 marks)
b) Advise Terong's parents on the law relating to the donation of organs.
(5 marks)
c) A member of the public wrote to the Ministry of Health and complained about the lack
of security in public hospitals.
Advise the Ministry of Health how security could be enhanced at public hospitals.
(5 marks)
d) Both the families of Petai and Rempit are concerned about their medical status.
Explain the concept of futility of medical treatment to the families.
(5 marks)
e) "Doctors must always be ethical."
Comment the above statement.
(10 marks)
END OF QUESTION PAPER
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