Hsmu 243: Health Care Law And Ethics Question Paper
Hsmu 243: Health Care Law And Ethics
Course:Education
Institution: Kenya Methodist University question papers
Exam Year:2012
KENYA METHODIST UNIVERSITY
END OF 2''ND ''TRIMESTER (EVENING) 2012 EXAMINATIONS
SCHOOL : MEDICINE & HEALTH SCIENCES
DEPARTMENT : HEALTH SYSTEM MANAGEMENT AND MEDICAL
EDUCATION
UNIT CODE : HSMU 243
UNIT TITLE : HEALTH CARE LAW AND ETHICS
TIME : 2 HOURS
INSTRUCTIONS
Answer any one question in section A and any other questions in section B.
Write your university ID on all scripts.
Use only blue or black ball point or ink pen.
SECTION A
Question One
Richard a 2 year old boy, who was in hospital, suffered brain damage as a result of cardiac arrest caused by an obstruction of the bronchial air passage. Jane, a doctor at the Hospital failed to attend to Richard in response to calls for assistance.
Richard’s parents sued the doctor for negligence on behalf of Richard arguing that the damage could have been avoided if Richard had been seen by a doctor and intubated clearing the obstruction.
Jane, who failed to respond said that had she attended, when should not have intubated and therefore the cardiac arrest would have occurred in any event.
There was evidence that a responsible body of professional opinions would have supported a decision not to intubate.
Advise Richard’s parents. (30 Marks)
Question Two
The constitution of Kenya 2010 provides fir a citizen’s right to the highest alternable standard of health care which includes the right to healthcare services including reproductive health care.
State the rights of the patient with regards to health care provision. (30 Marks)
SECTION B
Question One
Section 243 of the penal Code 63 Laws of Kenya (Reckless and negligent acts) provides.
A person who in a manner to rash or negligent as to endanger human life or to be likely to cause harm to any other person:
(e) gives mechanical or surgical treatment to any person whom he has undertaken to treat, or
(f) dispenses, supplies, sells, administers or gives away any medicine or poisonous or dangerous matter,
is guilty of a misdemeanor.
With reference to relevant law and decided cases, explain the defenses available to a healthcare service provider charged under the above circumstances. (20 Marks)
Question Four
The purpose of Public Health Act Cap 242 Laws of Kenya is to secure and maintain health. Under the Act, vaccination against smallpox is mandatory. State the provisions under the Act respect to:
Persons to be vaccinated.
(12 Marks)
Exemption from vaccination.
(8 Marks)
Question Five
Describe the application of the following legal concepts:
Duty of care in negligence.
(8 Marks)
Professional negligence.
(6 Marks)
Professional misconduct.
(6 Marks)
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