CONFIDENTIAL LW/APR 2009/LAW570/340

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE
COURSE CODE
EXAMINATION
TIME
LAW RELATING TO HEALTH CARE / LAW AND
MEDICINE
LAW570/340
APRIL 2009
3 HOURS
INSTRUCTIONS TO CANDIDATES
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 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
Hak Cipta Universiti Teknologi MARA CONFIDENTIAL
CONFIDENTIAL 2 LW/APR 2009/LAW570/340
PART A
QUESTION 1
Explain the concept of paternalism as practised by doctors in Malaysia.
(6 marks)
QUESTION 2
Explain the principles enunciated in the case of Gillick v West Norfolk and Wisbech Area
Health Authority (1984) 1 All ER 365.
(6 marks)
QUESTION 3
The purpose of a post-mortem is to determine the actual cause of death.
Discuss.
(6 marks)
QUESTION 4
Explain the principles relating to 'assisted reproduction' in Malaysia.
(6 marks)
QUESTION 5
Explain briefly the practice of donation of organs in Malaysia.
(6 marks)
Hak Cipta Universiti Teknologi MARA CONFIDENTIAL
CONFIDENTIAL 3 LW/APR 2009/LAW570/340
PARTB
QUESTION 1
A consent to treatment by a patient must be real and voluntary.
With reference to relevant cases, discuss the concept of consent to treatment as practised in
Australia, the United Kingdom and Malaysia.
(20 marks)
QUESTION 2
Patients do have the right to refuse treatment and if the doctors want to pursue with the
treatment, the doctors will have the onus to prove the incapacity of their patients.
With reference to relevant cases, elaborate on the above statement.
(20 marks)
QUESTION 3
Discuss the objectives of a medical research and the concept of ownership of property in
research works undertaken by doctors in Malaysia.
(20 marks)
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CONFIDENTIAL
CONFIDENTIAL 4 LW/APR 2009/LAW570/340
PARTC
QUESTION 1
Abu and Leman, aged 13 years, were cousins. Leman stayed with his grandmother in
Gopeng, when his parents were killed during a bank robbery. Every school term holiday Abu
spent three days with them.
When Abu arrived at his grandmother's house on morning, he and Leman went fishing. On
their way home, Leman challenged Abu to climb a rambutan tree. Abu was basically a city
boy but he gallantly accepted the challenge and climbed the tree. Halfway up Abu was stung
by some wasps. Abu lost his balance and fell hard on his back and was unconscious. Abu
was rushed to the Ipoh General Hospital.
At the Emergency Unit, Abu was immediately treated by Dr. Adnan. The X-rays revealed that
Abu had fractured his spine and needed to undergo immediate surgery. In the operation
theatre, despite the surgeon's attempts, Abu died. He was buried next to his grandfather's
grave.
Leman was upset with the whole incident. He felt everybody was blaming him for Abu's
death. He kept to himself and refused to eat. He even attempted to commit suicide.
Consider the following:
a) Since then Leman was warded at Hospital Bahagia, Ipoh. He was put under heavy
sedation and had to be force-fed. Leman's treatment was published in the local
media. Leman's grandmother is upset with the disclosure of information by the
Hospital and its staff.
Advise Leman's grandmother.
(10 marks)
b) One day Leman escaped from the unit where he was warded, and was found dead in
the fish pond of the Hospital. The public criticised the management of the hospital for
the lack of security.
Advise Leman's grandmother whether she could sue the Hospital for negligence.
(10 marks)
c) All doctors must be ethical in their profession.
Elaborate on the ethics of doctors.
(10 marks)
END OF QUESTION PAPER
Hak Cipta Universiti Teknologi MARA CONFIDENTIAL