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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 SYSTEMS MANAGEMENT AND MEDICAL EDUCATION
UNIT CODE : HSMU 243
UNIT TITLE : HEALTH CARE LAWS AND ETHICS
TIME : 2 HOURS

INSTRUCTIONS
Answer ALL questions in Section A and ANY THREE in Section B.
SECTION A
A healthcare service provider owes the patient a duty of care, failure to which he is liable under the law of tort. Using relevant case law where applicable:
Question One
Explain the legal elements/ingredients that constitute liability under tort of negligence. (10 Marks)
Question Two
Explain the remedies available to a plaintiff under tort. (10 Marks)
Question Three
Explain the legal defenses available to a Defendant under tort. (10 Marks)
Question Four
Explain circumstances under which a claim in tort may become legally extinct. (10 Marks)
SECTION B
Question Five
Insurance policies provide for restitution to the plaintiff in the event of a legal claim for breach of duty by the policy holder.
Explain the following insurance policies and the specific circumstances under which they may be applied to mitigate against claims.
Employer Liability.
(10 Marks)
Professional Indemnity.
(10 Marks)
Question Six
Dr. Kariuki has been sued by a patient for a criminal act under section 243 of the penal code Cap 63 of Kenya (Reckless and negligent acts).
"A person who in a manner so rash or negligent as to endanger human life or to be likely to cause harm to any other person:
Gives medical or surgical treatment to any person whom he has undertaken to treat, or
Dispenses, supplies, sells, administers or gives away any medicine or poisonous or dangerous matter
Is guilty of a misdemeanor."
Advice Dr. Kariuki on the available defenses. (20 Marks)
Question Seven
The purpose of the Public Health Act Cap 242 Laws of Kenya is to ensure and maintain health. Under the Act, vaccination against smallpox is mandatory. State the provisions under the Act with respect to:
Persons to be vaccinated.
(12 Marks)
Persons/circumstance under which a person may be exempted from vaccination.
(8 Marks)
Question Eight
The constitution of Kenya 2010 provides for a citizen’s right to the highest attainable standard of healthcare which includes the right to healthcare services including reproductive health.
State the rights of the patient with regards to healthcare services as provided under health law. (20 Marks)

Hsmu 243: Health Care Law And Ethics Question Paper

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