CONFIDENTIAL LW/APR 2006/LAW570/340

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE
COURSE CODE
EXAMINATION
TIME
: LAW RELATING TO HEALTH /
LAW AND MEDICINE
: LAW570/340
: APRIL 2006
: 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.
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 5 printed pages
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PART A
QUESTION 1
Explain the concept of informed consent as applied in Australia.
(6 marks)
QUESTION 2
Discuss on the role of the Malaysian Medical Council.
(6 marks)
QUESTION 3
Elaborate on the law relating to sterilization in Malaysia.
(6 marks)
QUESTION 4
Discuss on the role of the Ministry of Health concerning the training of doctors in Malaysia.
(6 marks)
QUESTION 5
Explain the principles relating to access to medical records.
(6 marks)
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PARTB
QUESTION 1
Read the following, treating each separately:
a) Along had been in the hospital for four weeks. Doctor Manan, the treating doctor,
believed that he was suffering from cancer. Along however believed he had been
charmed as he rejected the love of a woman. He decided to discharge himself from
the hospital and sought the aid of a traditional doctor.
Advise Doctor Manan whether Along could do so.
(10 marks)
b) Mawar is found dead in the bushes behind Donut's house. The body was taken to the
hospital and a post mortem was later conducted. It was confirmed that Mawar was
raped before killed. The villagers claimed that Donut killed Mawar as she had refused
his love. Donut was arrested and charged for the murder of Mawar even though he is
mentally retarded.
Advise Donut's family whether Donut could be freed from the charge.
(10 marks)
QUESTION 2
a) The campaigns against HIV/AIDS epidemic in Malaysia have been varied. The
Ministry of Health and the Malaysian AIDS Council have recently introduced the
Harm Reduction Program to control and prevent the spread of HIV/AIDS among drug
users.
Elaborate on the aims of the harm reduction program and consider also the law that
could be applied against drug users and carriers of HIV/AIDS for non compliance
with the program.
(10 marks)
b) There is no freedom to undergo a sex change in Malaysia. A patient can only be
treated if he is able to prove that nature has made a mistake about his sex.
Consider the statement and provide your views in relation to the Human Rights of a
transexual person.
(10 marks)
QUESTION 3
Doctors are bound by ethics. They are also to practice a reasonable standard of care with
regard to their patients.
Express your views on the above statement.
(20 marks)
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PARTC
QUESTION 1
May and June are doctors who were attending an International Conference on Psychiatric
Care in Port Dickson. June was driving the car and May was a passenger. As she
approached the bend, June collided head on into an oncoming lorry driven by Mooto, who
worked with Best Movers Sdn Bhd. Both May and June suffered very serious head injuries.
They were warded at Seremban General Hospital.
May died two days later without recovering consciousness. Her parents agreed to donate
her organs, as they supported her views on organs donation and knew that she had pledged
to donate her organs, since her student days. Unknown to May's parents and the hospital,
May had been suffering from HIV/AIDS, which she had contracted three years earlier from
her patients. May's right kidney was received by Donald, an engineer at Ten Top
Engineering Works in Seremban, and May's left kidney was received by Leela, an executive
at Bank Makmur in Malacca. Six months later both Donald and Leela were found to be HIV
positive.
A portion of May's liver was taken to the hospital laboratory and examined by Dr. Indra. Her
research on the liver has resulted in the discovery of a technique to disrupt the mutation of
HIV virus or its developing resistance to anti retroviral drugs. Dr. Indra wished to patent her
discovery. She was considering selling the information to Pure Chemists Industries who are
interested in the patent.
June regained consciousness one month after the accident. She was highly depressed and
blamed herself for May's death. Despite undergoing psychiatric treatment under the
supervision of Dr. Sam, June occasionally harmed herself. These self-inflicted injuries were
however minor. Two months after her discharge from the Psychiatric Unit, June took an
overdose of panadol. She was saved in the nick of time. June's parents warded her at
Hospital Bahagia in Ipoh.
Mooto has been dismissed from Best Movers Sdn Bhd. Mooto intends to sue June for
negligent driving. June's parents are upset since June has been warded at Hospital
Bahagia.
Consider the following:
a) Donald and Leela intend to take legal action against Seremban General Hospital as
well as May's parents.
Advise them.
(8 marks)
b) May's parents are of the opinion that all moneys gained from the research by Dr.
Indra should be donated to the Malaysian Cancer Centre. They have consulted you
for advice.
Advise them.
(8 marks)
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c) June's parents were considering taking action against Dr. Sam for his non-disclosure
of June's attempts at suicide.
Advise Dr. Sam.
(8 marks)
d) June's parents wish to dismiss Mooto's claim by declaring that June was suffering
from a mental disorder.
Advise Mooto.
(6 marks)
END OF QUESTION PAPER
Hak Cipta Universiti Teknologi MARA CONFIDENTIAL