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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:2013

KENYA METHODIST UNIVERSITY
END OF 2''ND ''TRIMESTER 2013 (EVENING) EXAMINATION
SCHOOL : MEDICINE & HEALTH SCIENCES
DEPARTMENT : HEALTH SYSTEMS MANAGEMENT AND MEDICAL
EDUCATION
UNIT CODE : HSMU 243
UNIT TITLE : HEALTH CARE LAW AND ETHICS
TIME : 2 HOURS

INSTRUCTIONS: Answer ALL Questions in Section A and Only TWO
Questions in Section B
SECTION A
Question One
Dr. Mwangi is an Angesthetist, Dr. Otieno is a surgeon, while Ms. Jane is a Nurse; all in private practice. On the material day while attending to a patient in theatre the following happened.
Dr. Mwangi reported to work intoxicated from influence of alcohol. In the process, he administered wrong treatment to the patient.
During this time, Ms. Jane was present and from her experience, she noticed the state of Dr. Mwangi and the error in the doctor was her boss. Consequently she failed to disclose.
Thereafter Dr. Otieno proceeded to operate on the patient with the assistance of Ms. Jane.
The operation was unsuccessful and the patient died.
The family of the patient filed an inquiry which established that the omission on the part of Dr. Mwangi was so obvious that if Dr. Otieno exercised reasonable care, he would not have proceeded to operate on the patient.
Required:
a) Explain the liability, both in civil and criminal law, on:-
i) Dr. Mwangi
ii) Ms. Jane
iii) Dr. Otieno.
b) Explain the legal defenses available to each of the health service
providers. (40marks)
SECTION B
Question Two
Twiga Gas Co. Ltd sent Mr. Kimani to deliver gas at Charity Hospital. When delivering the gas, Mr. Kimani noticed that the cap to the gas cylinder was defective and he tried to fix it by knocking it with an axe. This resulted in damage of the cylinder causing the gas to leak and ignite into the fire. As a consequence, a nurse in the hospital was burnt to death and several patients received severe burns. Discuss the liability in negligence. (30marks)
Question Three
For a contract to be enforceable, one of the essential requirements is that there must be "offer and acceptance" Discuss. (30marks)
Question Four
Dr. Mamboleo, an Officer with the Ministry of Health, was invited as Chief guest to a thanks giving ceremony at Mary Immaculate Hospital. During the occasion, he delivered a speech on reproductive health emphasizing on the need for birth control and family planning. The catholic congregation took offence against Dr. Mamboleo claiming the speech was defamatory and against the catholic faith.
Required:
a) Explain what amounts to defamatory statement.
b) Advice Dr. Mamboleo on available legal defenses. (30marks)
Question Five
Section 243 of the Penal Code Cap 63 laws of Kenya makes it a criminal offence for a Health Service Provider to "endanger human life or cause harm to any other person." Advise a Health Service Provider charged under this section of Act. (30marks)

Hsmu 243: Health Care Law And Ethics Question Paper

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