CUSTOMER_CODE
SMUDE
DIVISION_CODE
SMUDE
EVENT_CODE
OCTOBER15
ASSESSMENT_CODE MH0058_OCTOBER15
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
11731
QUESTION_TEXT
Write a note on punishment and disciplinary action that can be taken
against a medical practitioner guilty of professional misconduct.
SCHEME OF
EVALUATION
Any complaints with regard to professional misconduct can be brought
before the appropriate medical council for disciplinary action.(2 mark)
Upon receipt of any complaint, the appropriate medical council would
hold an enquiry and give opportunity to the registered medical
practitioner to be heard in person or by pleader. (1 mark)
If the medical practitioner is found to be guilty of committing
professional misconduct, the appropriate medical council may award
such punishment as deemed necessary or many direct the removal
altogether or for a specified period from the medical register of the name
of the delinquent registered practitioner (3 mark)
* Deletion from the register shall be widely publicized in local press as
well as publication of different medical associations. (1 mark)
* In case of removal of name for a limited period, the name shall be
restored after expiry of period for which it was removed. (1 mark)
* Decision on complaints shall be taken within 6 months’ time limit (1
mark)
* Professional incompetence shall be judged by peer group as per the
guidelines of the medical council of India (1 mark)
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
11733
QUESTION_TEXT
Write a note on Vicarious Liability
SCHEME OF
EVALUATION
When one person is accountable for the acts of another, it is termed as
vicarious liability.(2 marks)
In this cases. The employer (hospital or treating institution) is
accountable for the acts of its doctors.(2 marks)
A hospital can also be held accountable if it is found to be inadequately
staffed and insufficiently equipped.(2 marks)
In a case the court has ruled that the hospital is accountable for the
actions of its entire staff. Irrespective of if they are permanents,
temporary or visiting.(2 marks)
A government hospital cannot be held accountable under the consumer
protection act if all its services are rendered free of change. (2 marks)
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
72648
QUESTION_TEXT
What is fundamental right as per the Indian Constitution? Enumerate
the basic fundamental right incorporated in Indian constitution. Briefly
outline the cultural and educational rights of the citizen of country.
SCHEME OF
EVALUATION
A fundamental right is a right guaranteed to the citizen of India. the
fundamental rights are incorporated in the Indian constitution. (1
Mark)
The basic fundamental rights incorporated in the constitution: (5
Marks)
1. Equality before law (which include the protection from arbitrary
action of the state)Freedom from the discrimination on the ground of
religion, race, caste, sex or place of birth.
2. Equality of opportunity in the patter of public employment.
3. Freedom of speech and expression.
4. Right to assembly peacefully without arms to form association or
union.
5. To move freely through India, to reside and settle in any part of the
India.
6. Freedom of conscience and the profession, practice and
propagation of religion. Protection against deprivation of life and
personal liberty.
Cultural and educational rights: (2 Marks)
* Any section of the citizen residing in the territory of India or any
part there of having distinct language, script or culture of its own shall
have the right to conserve the same.
* No citizen shall be denied admission into any education institution
maintained by the state or receiving aid out of the state funds on
grounds only of religion, race, caste, language or any of them.
Right to the minorities to establish and administer education
institution: (2 Marks)
* All minorities, whether based on religion or language, shall have
the right to establish and administer education institution of their
choice.
The state Shall not, in granting aid to education institution discriminate
against any education institution on the ground that it is under the
management of minority, whether based of religion or language.
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
72650
QUESTION_TEXT
Define the term informed consent. Briefly explain the essential points of
informed consent, the procedure of getting informed consent and the
validity of consent.
SCHEME OF
EVALUATION
Informed consent is a process of communication between a patient and
physician that result in the patient authorization or agreement to
undergo a specific medical intervention. It is based on the principal of
patient autonomy and is the cornerstone of ethics in patient care and
clinical trials. (1 Marks)
Essential points of informed consent: The essential points that need to
be communicated to the patient while obtaining informed consent are
as follows: (3 Marks)
* Diagnosis / differential diagnosis
* The nature of the chosen treatment and its risk and benefits
* Alternative treatment option available
* Risk and benefits of not receiving or undergoing a treatment or
procedure
Procedure of getting informed consent: it should include a session
wherein the patien tis given the opportunity to clarify his doubt and get
a better understanding of the treatment or procedure, so that he or she
can make an informed decision and give consent accordingly. (3 Marks)
Validity of informed consent: for consent to be valid, the patient must
be considered competent and the consent should not be obtained
under coercion. One must take added care, if the patient is under
undue stress during illness, anxiety and depression or is incoherent. If
the patien tis deemed incompetent to give his/her informed consent, it
should be obtained from a legal guardian. (3 Marks)
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
72653
QUESTION_TEXT
What are the legal issues involve in Assistive Reproductive
Technology Clinics. Explain.
SCHEME OF
EVALUATION
The legal issues involve in ART clinics care: (Brief discussion of
each point) (10 Marks)
a. Legitimacy of the child born through ART
b. Adultery in the case of ART
c. Consummation of marriage in case of AIH
d. Rights of an unmarried woman to AID
e. Posthumous AIH through a sperm bank
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
125170
QUESTION_TEXT
Explain the concept of accountability?
SCHEME OF
EVALUATION
A medical practitioner owes the patient he is treating a duty of care and
is hence, accountable to the patient firstly. Therefore in cases of medical
negligence, the patient has to establish that there was sufficient
proximity between him and the doctor. This duty of care is established
once a doctor starts to administer treatment to the patient irrespective of
renumeration. This duty of care is also owed to the patient y the hospital
or treating institution, there by making the hospital accountable to the
patient by what is termed as vicarious liability.