MH0058 – Legal Aspects in Healthcare Administration

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ASSIGNMENT

DRIVE	SUMMER 2016
PROGRAM	Master of Business Administration in Healthcare Services Management – MBA(HCS)
SEMESTER	Semester 4
SUBJECT CODE & NAME	MH0058 – Legal Aspects in Healthcare Administration
BK ID	B1322
CREDIT & MARKS	4 Credits, 60 marks

Note: Answer all questions. Kindly note that answers for 10 marks questions should be approximately of 400 words. Each question is followed by evaluation scheme.

Question.1. Define negligence. Explain civil, criminal and contributory negligence in detail.

Answer:Contributory negligence in common-law jurisdictions is generally a defense to a claim based on negligence, an action in tort. This principle is relevant to the determination of liability and is applicable when plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered. It can also be applied by the court in a tort matter irrespective of whether it was pleaded as a defense.

Question.2. Describe Prenatal Diagnostic Technique Act of 1994 in detail.

Answer:Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India. The act banned prenatal sex determination.

This process began in the early 1990s when ultrasound techniques gained widespread use in India. There was a tendency for families to continuously

Question.3. Explain the important aspects of Consumer Protection Act

Answer:Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith.

Consumer Protection Councils are established at the national

Question.4. Explain the code of practice and legal aspects of assisted reproductive techniques.

Answer:There are varied causes of infertility amongst men and women; as a result this makes every case an entity in itself. Treatment to each couple cannot be generalized it varies and so also the success rate which declines with advancing woman’s age. The recent advance in Assisted Reproductive Technology (especially the media used) has increased the overall success rate from 17% in the past to reach 45% recently. Repeating the

Question.5. Explain the regulatory requirements in setting up and running a blood bank.

Answer:Legal issues play a vital role in providing a framework for the Indian blood transfusion service (BTS), while ethical issues pave the way for quality. Despite licensing of all blood banks, failure to revamp the Drugs and Cosmetic Act (D and C Act) is impeding quality. Newer techniques like chemiluminescence or nucleic acid testing (NAT) find no mention in the D and C Act. Specialised products like pooled platelet concentrates or modified whole blood, therapeutic procedures like erythropheresis, plasma exchange, stem cell collection and processing technologies like leukoreduction and irradiation are not a part of the D and C

Question.6. Define euthanasia. Explain euthanasia in Indian scenario.

Answer:‘Right to life’ including the right to live with human dignity would mean the existence of such right up to the end of natural life. This may include the right of a dying man to die with dignity. But the ‘right to die with dignity’ is not to be confused with the ‘right to die’ an unnatural death curtailing the natural span of life. Thus the concept of right to life is central to the debate on the issue of Euthanasia. One of the controversial issues in the

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