Hsmu 243: Health Care Law And Ethics Question Paper
Hsmu 243: Health Care Law And Ethics
Course:Health Systems Management
Institution: Kenya Methodist University question papers
Exam Year:2012
KENYA METHODIST UNIVERSITY
END OF 3''RD ''TRIMESTER 2012 (EVENING) EXAMINATIONS
SCHOOL : MEDICINE & HEALTH SCIENCES
DEPARTMENT : HEALTH SYSTEMS MANAGEMENT
UNIT CODE : HSMU 243
UNIT TITLE : HEALTH CARE LAW AND ETHICS
TIME : 2 HOURS
INSTRUCTIONS:
Answer Question ONE in Section A, and ANY THREE in Section B
SECTION A
QUESTION ONE
a) As a Health care service provider, state:
i) Five (5) instances in which you can attend to a patient without
his/her consent. (5marks)
ii) Three (3) circumstances under which you may breach duty of
confidentiality owed to the patient. (3marks)
b) The purpose of Public Health Act Cap 242 laws of Kenya is to secure and maintain health. The Act imposes legal obligations on various parties with regards to maintaining public health standards. In this context, state the obligations that the law imposes on the following persons with regards to:
i) Notifiable and Infectious Diseases:
1. Inmate (person suffering from an infectious disease).
2. Medical practitioner
3. Medical Officer of Health (Public Health Officer). (9marks)
ii) Venereal diseases:
1. Patient
2. Medical practitioner
3. Employer (6marks)
iii) Formidable, Epidemic, Endemic or Infectious Diseases:
1. Patient
2. Powers bestowed on the Minister responsible for Public Health
(9marks)
c) With reference to relevant provisions under Public Health Act Cap 242
Laws of Kenya, state FOUR (4) circumstances under which a person may be exempt from smallpox vaccination. (8marks)
SECTION B
QUESTION TWO
As the In-charge of a Health Institution explain the contractual relationship that exists between the institution and:
a) A doctor employed by the Institution. (5marks)
b) A visiting consultant in private practice. (5marks)
In each case, explain how negligence arising on the part of each category of Doctor can be mitigated:
c) A doctor employed by the Institution. (5marks)
d) A visiting consultant in private practice. (5marks)
QUESTION THREE
Nurses in the course of their duties are guided by the Code of Ethics and standards of professional conduct set out by the Nursing Council of Kenya. These standards stipulate the role of the nurse to the public, profession, in practice and to co-workers. In addition, the standards stipulate the responsibility of the nurse as a Manager, Educator and Researcher and as a member of the Profession.
In this regard, state the:
Code of Ethics
Responsibility of the Nurse as a Manager,
Responsibility of the Nurse as an Educator and Researcher
Responsibility of the Nurse as a member of the Profession.
With respect to the role of a Nurse.
a) In practice. (10marks)
b) To the public. (10marks)
QUESTION FOUR
Sec 228 of the Penal Code Cap 63 Laws of Kenya provides that "any person who when a woman is delivered of a child, prevents the child from being born alive by an act or omission ………, is deemed to have unlawfully killed the child and is guilty of a felony and is liable to life imprisonment".
Explain the legal defenses available to a Health Service provider changed under this provision of the Act. (20marks)
QUESTION FIVE
Ms. Kosgei was rushed to Kapsoya Nursing Home by a Good Samaritan, while in coma suffering from acute highland malaria. Dr. Rotich an employee of the Hospital who was on duty, immediately put the patient on quinine treatment, unaware that the patient was pregnant. Consequently Ms. Kosgei suffered a miscarriage.
a) Advise Ms. Kosgei on her right to a legal claim. (3marks)
b) Advise Dr. Rotich on his legal position with regards to the matter.
(3marks)
c) Advise the proprietor of the hospital on available legal defenses. (7marks)
d) Under what circumstances can Ms. Kosgei lose her right to a legal claim?
(7marks)
QUESTION SIX
The medical Practitioners and Dentist Board is a body corporate established under cap 253 Laws of Kenya with the primary mandate to regulate the practice of medicine, dentistry and medical institutions.
a) Explain FIVE (5) key functions of the Board. (10marks)
b) Under the Act, a Doctor may be registered as a medical practitioner or licensed as a Private Practitioner. Explain the effect of being:
i) Registered as a Medical Practitioner under Sec 14 of the Act.
(5marks)
ii) Licenced as a Private Practitioner under Sec. 15 of the Act.
(5marks)
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