HEALTH CARE LAW (HCL) – MCQ WITH ANSWERS
1. Pick the right full form of PCPNDT ACT.
a) Pre-Conception and Pre-Natal Diagnostic Techniques Act
b) Pre-Contraction and Pre-Natal Diagnostic Techniques Act
c) Pre-Conception and Pre-Natal Doctor Techniques Act
d) Pre-Conception and Pre-Natal Diagnostic Technology Act
Answer (a)
2. Transplantation of Human Organs Act was passed by Government of India in:
a) 1999
b) 1984
c) 1994
d) 2000
Answer (c)
3. As per Section 4(2) PCPNDT Act no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities:
a) Haemoglobinopathies
b) sex-linked genetic diseases
c) congenital anomalies
d) All above
Answer (d)
4. According to organ transplantation act, what is the punishment for the doctor if found guilty of removing organs without authority?
a) 2 yrs
b) More than 5 yrs
c) 4 yrs (But presently it is upto 7 years as per 2011 amendment)
d) 2-5 yrs (But presently it is upto 10 years as per 2011 amendment)
Answer : D. 2-5 yrs (But presently it is upto 10 years as per 2011 amendment)
5. Which of the following is not a functions of appropriate authority under PCPNDT Act:
a) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter;
b) to create public awareness against the practice of sex selection or pre-natal determination of sex;
c) To make rules under the Act
d) to grant, suspend or cancel registration of a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic;
Answer c)
6. Case where it was stated that the directive principles cannot, in the very nature of things be enforced in a court of law, but it does not mean that directive principles are less important than fundamental rights or that they are not binding on various organs of the state:
a) Kunal Saha v AMRI
b) M.C. Mehta v Union of India
c) Indian Medical Association v VP. Shantha
d) Akhila Bharatiya Soshit Karamcharai Sangh Vs. Union of India
Answer d)
7. No person shall be deprived of his life or personal liberty except according to procedure established by law is laid down under:
a) Article 15
b) Article 18
c) Article 25
d) Article 21
Answer d)
8. The central Drugs Laboratory is situated in:
a) Mumbai
b) Delhi
c) Bihar
d) Kolkata
Answer (d)
9. Any person whose rights have been infringed can move the Supreme Court under:
a) Art 32 of the Indian Constitution
b) Art 21 of the Indian Constitution
c) Art 226 of the Indian Constitution
d) Art 12 of the Indian Constitution
Answer a)
10. A drug not labelled in the prescribed manner shall be treated as
a) adulterated drug
b) spurious drug
c) misbranded drug
d) mischievous drug
Answer (c)
11. Registration and certification of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics under PCPNDT Act is laid down under:
a) Section 12,13
b) Section 18,19
c) Section 8,9
d) Section 24,25
Answer b)
12. Who among the following is the Chairman of Drug Technical Advisory Board?
a) The Drugs Controller of India
b) The President of Pharmacy Council of India
c) The President of Medical Council of India
d) The Director General of Health Services
Answer (d)
13. As per Section 18 (THOTA), punishment for removal of human organ without authority is:
a) imprisonment for a term which may extend to ten years and with fine which may extend to twenty lakh rupees
b) imprisonment for a term which may extend to five years and with fine which may extend to twenty lakh rupees
c) imprisonment for a term which may extend to ten years and with fine which may extend to ten lakh rupees
d) None
Answer a)
14. Main changes made through Transplantation of Human Organs and Tissues Act (THOTA), 2011 were:
a) Tissues have been included along with the Organs.
b) ‘Near relative’ definition has been expanded to include grandchildren, grandparents.
c) Provision of Swap Donation included
d) All
Answer d)
15. Registration of Tissue Bank (Transplantation of Human Organs and Tissues Act (THOTA), 2011) is given under;
a) Section 18A
b) Section 10A
c) Section 14A
d) Section 4A
Answer c)
16. Which section of PCPNDT Act states, “no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely: –age of the pregnant woman is above thirty-five years; (ii) the pregnant woman has undergone two or more spontaneous abortions or foetal loss;
a) Section 4(1)
b) Section 4(3)
c) Section 5(3)
d) Section 7(3)
Answer b)
16. Powers of the Inspectors appointed under the Drugs and Cosmetics Act, 1940 are mentioned under which of the following Sections of the Act?
a) 20
b) 21
c) 22
d) 23
Answer (c)
17. Under THOTA, any person aggrieved by an order of the Authorisation Committee rejecting an application for approval under sub-section (6) of section 9, or any hospital 2 [or Tissue Bank, as the case may be,] aggrieved by an order of the Appropriate Authority rejecting an application for registration under sub-section (2) of section 15 or an order of suspension or cancellation of registration under sub-section (2) of section 16, may, within:
a) One month
b) Two months
c) 30 days
d) None
Answer c)
18. A person, who’s not a dentist or a medical practitioner, who scales, cleans or polishes teeth, or gives instruction in dental hygiene is:
a) Dentist
b) Dental Hygienist
c) Dental Mechanic
d) None
Answer b)
19. Recognition of dental qualifications and permission for establishment of new dental college, new courses of study is laid down under:
a) Section 12 and 12A
b) Section 18 and 18A
c) Section 10 and 10A
d) none
Answer c)
20. India is also a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and the Universal Declaration of Human Rights. The provisions of Article 25 [2] of the Universal Declaration of Human Rights and Article 7 (b) of the International Covenant on Economic, Social and Cultural Rights have been cited by the Supreme Court while upholding the right to health. Further, these covenants find a mention in the Statement of Objects and Reasons of The Protection of Human Rights Act, 1993.
The above statements are:
a) True
b) False
c) Partly True
d) None of the above
Answer (a)
21. (A) Passive Euthanasia: This is where treatment for the terminally-ill person is withdrawn, i.e., conditions necessary for the continuance of life are withdrawn.
(B) Active Euthanasia: This is where a doctor intentionally intervenes to end someone’s life with the use of lethal substances.
Pick the correct statements:
a) Both A and B are true.
b) Both A and B are False.
c) Both A and B are partly true.
d) Both are false.
Answer (a)
22. State Dental Council under Dentist Act consists of:
a) Four members elected from among themselves by dentists registered in Part A
b) Four members elected from among themselves by dentists registered in Part B
c) The heads of dental colleges……..
d) All of the above
Answer d)
23. Public interest litigation alleging negligence on the part of the doctors in providing services at an eye camp was filed in case of:
a) AS Mittal Vs. State of UP
b) Kusum Sharma & Ors v Batra Hospital
c) Laxmi Kant v Union of India
d) Martin F. D’Souza v Mohd. Ishfaq
Answer a)
24. Following Act provided for the constitution of a Central Council of Indian Medicine and the maintenance of a Central Register of Indian Medicine:
a) Medical Council of India Act
b) Indian Medicine Central Council Act
c) National Medical Council Act
d) None
Answer b)
25. (A) Voluntary euthanasia: Under this, euthanasia is carried out with the patient’s consent.
(B) Non-voluntary euthanasia: Under this, patients are unable to give consent (coma or severely brain-damaged), and another person takes this decision on behalf of the patient.
(C) Involuntary euthanasia: Euthanasia is done against the will of the patient, and this is considered murder.
Pick the correct statements:
a) A, B and C are true.
b) A, B and C are False.
c) Only A and B are true.
d) Only B and C are true.
Answer (a)
26. Sowa-Rigpa was given formal recognition as a part of the Indian Systems of Medicine through:
a) The Indian Medicine Central Council (Amendment) Act, 2013,
b) The Indian Medicine Central Council (Amendment) Act, 2010,
c) The Indian Medicine Central Council (Amendment) Act, 2019,
d) None
Answer b)
27. Which of the following is not the objective of the Indian Medicine Central Council (IMCC) Act :
a) Constitution of a Central Council
b) Maintenance of the Central Register
c) Conducting exams in medical colleges
d) Regulation of standards of education and examinations
Answer c)
28. Indian Medicine Central Council (IMCC) Act is repealed by:
a) The National Commission for Indian System of Medicine Act, 2020
b) National Medical Commission, 2020
c) Both
d) None
Answer a)
29. Constitution of Central Council (Homoeopathy Central Council Act) is given under:
a) Section 5
b) Section 3
c) Section 4
d) Section 10
Answer b)
30. Central Register of Homeopathy is mentioned under
a) Section 21 of Homoeopathy Central Council Act
b) Section 24of Homoeopathy Central Council Act
c) Section 22 of Homoeopathy Central Council Act
d) None
Answer a)
31. Salient Features of Drugs and Cosmetics Act are:
a) The Drugs and Cosmetics Act, 1940 regulate the import, manufacture, distribution and sale of drugs in India.
b) To take punitive measures for violation of provisions of the Act
c) Import and manufacture of drugs (which are not of standard quality, misbranded, adulterated or spurious) are prohibited under the D&C Act.
d) All
Answer d)
32. Drugs Technical Advisory Board (DTAB) is constituted to
a) To advise the Central Government and the State Governments on technical matters arising out of the administration of the Drugs and Cosmetics Act
b) To make rules under the Act
c) To inspect the premises
d) None
Answer a)
33. Power of inspectors under Drugs and Cosmetics Act are:
a) Inspect the premises
b) Take samples of any drug or cosmetic
c) Search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence is committed
d) All
Answer d)
34. Import of Drugs and Cosmetics import of spurious drugs, adulterated drugs, drugs involving risk to animals and drugs not having therapeutic values is punishable with
a) 3 year imprisonment and Rs. 5,000 fine on first conviction
b) 5 year imprisonment or Rs.10,000 fine or both for subsequent conviction.
c) Both
d) None
Answer c)
35. What kind of damages is a Patient Entitled to in A Wrongful Diagnosis Case?
a) medical expenses that the patient incurred
b) all pain and suffering that the patient endured as a result of being treated with the wrong diagnosis
c) damages for any permanent disabilities and impairments that the patient suffered as a result of the wrongful diagnosis
d) All above
Answer d)
36. In which case the Court endorsed the approach of high degree of negligence being the prerequisite for fastening criminal liability of doctors, and it was observed that “An order to hold the existence of criminal rashness or criminal negligence, it shall have to be found out that the rashness was of such a degree as to amount to taking a hazard knowing that the hazard was of such a degree that injury was most likely imminent.”
a) Dr. Suresh Gupta v. Govt. of NCT Delhi
b) Jacob Mathew v. State of Punjab
c) Indrani Bhattacharjee vs Chief Medical Officer
d) None
Answer b)
37. In which case it was held that where the consent by the patient is for a particular operative surgery; it cannot be treated as consent for an unauthorized additional procedure involving removal of an organ on the ground that such removal is beneficial to the patient or is likely to prevent some danger developing in future, if there is no imminent danger to the life or health of the patient.
a) Jacob Mathew v. State of Punjab
b) Samira Kohli v. Dr. Prabha Manchanda
c) Ms. Kamani Sharma vs Dr. Anil Nadir
d) None
Answer b)
38. In the matter of Ms. Kamani Sharma vs Dr. Anil Nadir:
a) The National Consumer Disputes Redressal Commission has made a distinction between medical negligence and “error of judgment”
b) the National Consumer Disputes Redressal Commission has made a distinction between wrongful and negligent diagnosis
c) Court discussed the relevance of role of consent in medical negligence
d) All above
Answer a)
39. Bolitho test is:
a) that the doctor could be held liable for the negligence in respect of diagnosis and treatment despite a body of professional opinion who is sanctioning his conduct where it had not been shown to the judge that the body of the expert opinion relied on the reasonable or responsible degree of care which any other person would have taken with respect to the work so provided.
b) the standard for fastening criminal liability on a high pedestal and required the medical negligence to be “gross” or “reckless.”
c) None
Answer a)
40. Is a wrong Diagnosis always Negligence?
a) Yes
b) Misdiagnosing a simple medical issue may very well be negligent, while misdiagnosing a very complex medical issue might not be considered negligence.
c) Never
d) May be
Answer b)
41. In which case The National Commission held that “No cure/ no success is not a negligence”, thus fastening the liability upon the treating doctor is unjustified.
a) Achutrao Haribhau Khodwa v. State of Maharashtra
b) Dr. M. Kochar vs Ispita Seal
c) Pravat Kumar Mukherjee Vs. Ruby General Hospital
d) Samira Kohli v. Dr. Prabha Manchanda
Answer b)
42. Which section of the RTI Act says that “What is not open to disclosure”, “(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individuals should not be disclosed.”
a) Section 8(1)
b) Section 8(2)
c) Section 9(1)
d) None
Answer a)
43. Which case deals with RTI vis a vis Confidentiality:
a) Arun Kumar Manglik Appellant(S) v Chirayu Health and Medicare Private Ltd.
b) CEHAT v. Union of India
c) Bolam v Friern Hospital Management Committee,
d) Surup Singh Naik V. State of Maharashtra
Answer d)
44. In which case Court held that the test was not whether a doctor acted in accordance with a practice accepted as proper by a responsible body of medical practitioners but was based instead on what a particular patient would expect to know.
a) Montgomery v Lanarkshire Health Board
b) Bolam case
c) Bolitho Case
d) None
Answer a)
45. Which of the following is false:
a) Express consent is an oral or written authority by the patient to render the proposed treatment.
b) Consent may be implied from the conduct of the patient in a particular case.
c) An invasive therapeutic or investigative procedure without consent is technically a battery
d) Section304A of the IPC is Act done in Good Faith for Benefit of a Person without Consent
Answer d)
46. Essential components of Medical Negligence are:
a) There should be existence of legal duty towards the patient
b) Breach of the legal duty
c) Damage caused to the patient
d) All above
Answer d)
47. Maxim Res ipsa loquitor means :
a) the thing speaks for itself
b) On the face of it
c) Right to be heard
d) None
Answer a)
48. Exemplary compensation of 11 crore (with interest) was given in
a) Madhubala v. Government of N.C.T. of Delhi
b) Dr Balram Prasad v. Dr Kunal Saha
c) T. T.Thomas v. Elissar
d) Paramjit Kaur v. State of Punjab
Answer b)
49. Vicarious liability is based on :
a) A latin maxim qui facit per alium facit per se
b) Res ipsa loquitor
c) Audi altrum Partum
d) None
Answer a)
50. In which case it was held that a person has a right not to live a forced life and attempt to suicide is not illegal:
a) Aruna Ramachndra Shambaug v. Union of India
b) Gian Kaur v. State.
c) P. Rathinam v. Union of India
d) All
Answer c)
51. As per Consumer Protection Amendment Act, 2019, pecuniary Jurisdiction of National Commission is
a) Above 10 lakh
b) Above 10 crore
c) Above 20 Lakh
d) Above 2 crore
Answer b)
52. In which case, the Supreme Court of India observed that the medical services rendered by the medical practitioners are covered by Sec. 2 (1) (o) of the Act. It excludes free services or services under a contract of personal service:
a) IMA v. V.P. Shantha
b) Dr. Ashwani Kumar vs Union of India
c) Common Cause (Registered Society) v UOI
d) Dr. Balram Prasad v. Dr. Kunal Saha
Answer a)
53. Sections dealing with the defenses which can be claimed by the doctors accused of criminal liability are:
a) Section 80, 85 and 88
b) Section 80, 86 and 88
c) Section 80, 81 and 89
d) Section 80, 81 and 88
Answer d)
54. Grounds to initiate disciplinary action against medical practitioner include:
a) Conviction of any offence by a court of law and
b) Guilty of professional misconduct
c) Both
d) None
Answer c)
55. International code of medical ethics was:
a) Adopted by the 3rd General Assembly of the World Medical Association, London, England, October
b) Adopted by the 5th General Assembly of the World Medical Association, US, October
c) Adopted by the 3rd General Assembly of the World Medical Association, China, October
d) none
Answer a)
56. Which is not the IPC provision that deals with criminal liability under Medical Negligence:
a) Section 304A
b) Section 377
c) Section 337
d) Section 338
Answer b)
57. In which case the court held that the legal position was quite clear and well settled that whenever a patient died due to medical negligence, the doctor was liable in civil law for paying the compensation. Only when the negligence was so gross and his act was so reckless as to endanger the life of the patient, criminal law for offence under section 304A of Indian Penal Code, 1860 will apply.
a) Dr. Suresh Gupta v Government of Delhi
b) D.K. Joshi v State of Uttar Pradesh
c) Gian Kaur v State of Punjab
d) None
Answer a)
58. Which of the following is not the health-related provision under Indian Constitution?
a) Article 21
b) Article 39
c) Article 48A
d) Article 17
Answer d)
59. Duty of the State to raise the level of nutrition and the standard of living and to Improve public health is laid down under:
a) Article 21
b) Article 47
c) Article 39
d) Article 44
Answer b)
60. In which case court laid down duty of a doctor when an inlured person approaches him:
a) Parmanand Kata V Union of India
b) D.K. Joshi v State of Uttar Pradesh
c) M.C. Mehta v Union of India
d) Jacob Mathew v State of Punjab
Answer a)
61. Right to health care vis-a-vis privacy of AIDS patlents is discussed in:
a) Kirloskar Brothers Ltd. v. Employees State Insurance Corporation
b) Mr X v Hospital Z
c) Laxman Balkrishan Joshi (Dr.) v Dr Trambak Bapu God Bole
d) None
Answer b)
62. Under Part IV-A of Indian Constitution, following are the duties related to health:
a) to protect and improve the natural environment including forests and tohave compassion for living creatures;
b) to develop the scientific temper, humanism and the spirit of inquiry
c) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
d) All
Answer d)
63. Which is false about Alma Ata Declaration:
a) International Conference on Primary Health Care
b) It identified primary health care (PHC) as the key to the attainment of the goal of Health for All (HFA)
c) To eliminate the existing gross inequality in the health status of the people
d) To provide financial assistance to the citizens
Answer d)
64. In which case court widened the scope of art 21 and the governments’ responsibility to provide medical aid to every person in the country, held that in a welfare state, the primary duty of the government is to secure the welfare of the people. Providing adequate medical facilities for the people is an obligation undertaken by the government in a welfare state:
a) Parmanand Kata V Union of India
b) Paschim Banga Khet Mazdoor Samity v West Bengal
c) L K Koolwal v St of Rajasthan
d) None
Answer b)
65. A doctor is not liable in negligence medical claim when he acted “in accordance with a practice accepted as proper by a responsible body of medical men, skilled in the particular art” was held in:
a) Bolam case
b) Bolitho case
c) Fundamental Rights Case
d) None
Answer a)
66. A victim of medical negligence who intends to sue an erring health care provider has the following options:
a) Compensatory action
b) Punitive action
c) Disciplinary action
d) All
Answer d)
67. In which case it was viewed that health insurance, while in service or after retirement was held to be a fundamental right, and even private industries are obligated to provide health insurance to the workman:
a) Paschim Banga Khet Mazdoor Samity v West Bengal
b) C.E.S.C Limited Vs Consumer Education and Research Centre
c) Kirloskar Brothers Ltd. v. Employees State Insurance Corporation
d) None
Answer a)
68. The protection of the Article 21 extends to which of the following?
a) All persons
b) Citizens
c) Foreigners
d) Person under imprisonment
Ans. (a)
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