CONFIDENTIAL

UNlVERSlTl TEKNOLOGI MARA

FINAL EXAMINATION
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COURSE : LAW RELATING TO HEALTH
COURSE CODE : LAW5701340
DATE : 26 MARCH 2005
TIME : 3 HOURS (9.00 A.M. - 12.00 P.M.)
SEMESTER : NOVEMBER 2004 - APRIL 2005
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 4 printed pages
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PART A
QUESTION 1
The Hippocratic Oath lays down the basic guidelines of medical practice.
Discuss.
(6 marks)
QUESTION 2
Elaborate the concept of consent involving the treatment of patients.
(6 marks)
QUESTION 3
The Human Tissue Act 1974 needs to be reformed by adding provisions on the meaning of
death.
With reference to the above discuss the proposed definition of "death.
(6 marks)
QUESTION 4
Discuss some of the legal and moral issues relating to treatment of infertility.
(6 marks)
QUESTION 5
Consider whether a Malaysian doctor who assisted in the death of his terminally ill patient
should be punished for it.
(6 marks)
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PART B
QUESTION 1
Omrod J in Corbett v. Corbett (1970) 2 All ER 33 at 47 stated:
"The biological sexual constitution of an individual is fixed at birth and cannot be changed
either by the natural development of organs of the opposite sex or by medical or surgical
means".
Consider the present position in United Kingdom and discuss also the practice of sex
rearrangement in some Muslim countries
(20 marks)
QUESTION 2
The practice of abortion in United Kingdom differs from that of Malaysia
Discuss the above statement and elaborate the basis for the different practices.
(20 marks)
QUESTION 3
Aminah, aged 45 years old, had been seeing Dr. Mona for the past ten years for treatment of
cancer of the ovary. Despite the initial surgery, she had to go through a series of
chemotherapy treatment.
Recently she was involved in an accident in lpoh and was warded at lpoh General Hospital.
However, Aminah was transferred to Kuala Lumpur General Hospital to be under the
supervision of Dr. Mona. Aminah had to be treated with a variety of medication and it was
believed that this had triggered a recurrence of cancerous cells that spread to her uterus and
cervix.
Aminah died within ten days of the accident. She had, however, given consent to donate her
body for research. Dr. Mona subsequently discovered a cell line on the cancerous cells and
wished to patent it. She held a press conference and revealed the source of her research
materials.
Discuss the following:
a)
Could Aminah's family sue for breach of confidentiality by Dr. Mona?
(6 marks)
b)
Could Aminah's family claim ownership of the invention or discovery that results from
the research of Aminah's cancerous cells?
(6 marks)
c)
The hospital received information that Dr. Mona had prescribed medication that was
adverse to the interest of Aminah. Advise the hospital what they should do.
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(8 marks)
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PART C
QUESTION 1
Mrs.Tan had prematurely delivered her baby at Tuah Medical Centre. The new born child
had to be placed in the incubator for treatment. Due to excessive administration of oxygen
by the treating doctor, Dr. Skull, the baby became blind.
Mrs. Tan subsequently suffered post-traumatic shock and did not wish to breast feed the
child anymore. She also felt dejected and accused her husband of adultery. Mrs. Tan was
eventually warded for psychiatric treatment by her husband. Matters worsened when he
failed to visit her according to the schedule proposed by Dr. Chin.
Six months later Mrs. Tan was allowed to go home. The baby's cries, however, tormented
her so much that she attempted to suffocate the child. Her mother-in-law caught her red-
handed. Mrs. Tan has since been warded at Hospital Bahagia, Tanjung Rambutan.
a) Mr. Tan wishes to sue Dr. Skull and Tuah Medical Centre for professional
negligence.
Advise Mr. Tan.
(1 0 marks)
b)
Consider whether Mrs. Tan could be charged for any offence if the matter was
reported to the police
(10 marks)
c)
Consider the role of the Board of Visitors and what they must take account before
recommending the release of Mrs. Tan.
END OF QUESTION PAPER
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