The document outlines the objectives and modules of a 10th semester health law seminar paper course at Chanakya National Law University for the 2016 academic year. The course aims to train students in comprehensive legal writing and research skills related to health law. It covers 3 modules over 60 lectures: 1) definitions of health, international instruments, and constitutional provisions; 2) health law and related legislation; and 3) emerging scientific developments and their legal/ethical implications. Project topics cover a range of issues in health law such as informed consent, clinical trials, reproductive rights, and biotechnology.
The document outlines the objectives and modules of a 10th semester health law seminar paper course at Chanakya National Law University for the 2016 academic year. The course aims to train students in comprehensive legal writing and research skills related to health law. It covers 3 modules over 60 lectures: 1) definitions of health, international instruments, and constitutional provisions; 2) health law and related legislation; and 3) emerging scientific developments and their legal/ethical implications. Project topics cover a range of issues in health law such as informed consent, clinical trials, reproductive rights, and biotechnology.
The document outlines the objectives and modules of a 10th semester health law seminar paper course at Chanakya National Law University for the 2016 academic year. The course aims to train students in comprehensive legal writing and research skills related to health law. It covers 3 modules over 60 lectures: 1) definitions of health, international instruments, and constitutional provisions; 2) health law and related legislation; and 3) emerging scientific developments and their legal/ethical implications. Project topics cover a range of issues in health law such as informed consent, clinical trials, reproductive rights, and biotechnology.
The document outlines the objectives and modules of a 10th semester health law seminar paper course at Chanakya National Law University for the 2016 academic year. The course aims to train students in comprehensive legal writing and research skills related to health law. It covers 3 modules over 60 lectures: 1) definitions of health, international instruments, and constitutional provisions; 2) health law and related legislation; and 3) emerging scientific developments and their legal/ethical implications. Project topics cover a range of issues in health law such as informed consent, clinical trials, reproductive rights, and biotechnology.
(10th Semester) Course Module Academic Session (January –May 2016). Chanakya National Law University.
Course Teacher- Kumar Gaurav
Objectives Health care industry and law are subjects with an inherent dynamism. There expanding dimensions with enduring research and advancements in technology increases its complexity because it touches socio, legal and ethical contours of human civilization. To understand the intricacies of this nascent field of law needs a comprehensive study with a detailed module comprising all possible health concerns of human being. Taking into consideration of the above said issues, module of this Seminar paper is developed.
The objective of seminar paper is to train a student to write a comprehensive project work. It helps the student to sharpen the writing and research skill with detailed references and resources consulted. Apart from this module is prepared with an objective to develop student’s legal acumen in health law regime. It will help them to understand the role of governments and law in promoting and protecting health, including the functions of courts, legislatures, and administrative agencies in relation to health care law and policy; understand the relationship between the legal system, health care providers, and patients; be able to identify and analyze legal issues in health care; and be able to effectively communicate, both orally and in writing, the interpretive understanding of a case, statute, and complex regulatory scheme.
Total No of Lectures: 60
Module I Health: Meaning and Concept, International Instruments and Constitutional
Safeguards for Health. (15 Lectures)
1. Introduction:
Page 1 of 12 Meaning and Concept of health; Factors affecting health; National Health Policies.
3. International Instruments to improve Health:
Right to health- International Perspectives:
Role of WHO; Nuremberg code; Helsinki Declaration; ALMATA Declaration; Health Scenario under TRIPS; And other important International Instruments for health. 2. Constitutional Provisions relating to Health:
Entries relating to health under Schedule VII;
Provisions under Directive Principles; Health as a part of Right to life; Fundamental duties; Power of State to regulate Trade and Commerce for securing health of people.
Module II Health Law and related Legislations (30 Lectures)
4. Health Law: Legislative Perspective
Legislations relating to public health- Object, salient features of the acts regarding health Drugs and Cosmetic Act, 1940. Environment Protection Act-1986. Maternity Benefits Act, 1961. Medical Termination of Pregnancy Act, 1971. Mental Health Act, 1987 and Mental Health Care Bill. Narcotic Drugs and Psychotropic substance, Act, 1985. Pre-Natal Diagnostic Techniques (Regulation and prevention of misuse) Act, 1994. Prevention of Food adulteration Act, 1954. 5. Medical Profession and Patient Rights
Page 2 of 12 Doctor and Patient relationship Medical Negligence (Sec-304 A of I.P.C.) and medical malpractices. Patient Rights: Consent and Informed Consent. Confidentiality Duty to take care and duty to treat Indian enactments on ethical obligation Medical Council Act,1956 and code of medical ethics 1972 The Indian Nursing Council Act. 1947. 6. Hospital Administration and their liability in the cases of Negligence. Legal Regulation of Medical establishment – Registration. Management of Hospital and legal Regulations Professional liability of Hospitals Civil liability –Tort Criminal liability-Indian Penal Code. Contractual liability Statutory liability -consumer protection Act, 1986 Medical waste disposal Bio Medical waste (Management and handling) rules 1998 Health Insurance and Law. Module III Emerging Scientific Developments and their Legal and Ethical Implications on Health (15 Lectures)
7. Bioethics- Issues and challenges
Organ Transplantation Medical Termination of Pregnancy Reproductive technology – Surrogate Motherhood Euthanasia Sex-determination Techniques.
8. Law and Biotechnology
Bio-technology and Human Health Genetic engineering.
Page 3 of 12 Gene Patenting and legal issues. Genetic screening: Uses and abuses of amniocentesis Cloning of human beings. Other related issues.
Suggested Readings
1. Barnard Knight, American Medical Practice,[1992], Churchill Livingstone, London
2. Bridgit Diamond, Legal Aspect of Care in the Community, (1997), Macmillan Press Ltd., London 3. Diane Longley, Health Care Constitution, [1996],Cavendish Publishing Ltd., London Freemain- Law and Medicine 4. Micheal Davies- Textbook on Medical law 5. Jonathan Herring- Medical Law and Ethics 6. R.K. Bag- Medical Negligence and Compensation 7. S. V. Jogarao- Current Issues in Criminal Justice and Medical Law 8. Modi’s Medical Jurisprudence 9. Mason and Mc Call Smith- Law and Medical Ethics 10. Dr. Lily Srivastava – Law and Medicine, Universal Law Publishing Co. 11. K. Kannan-Medicine and Law, Oxford University Press.
Page 4 of 12 HEALTH LAW 10th semester (2016) PROJECT TOPICS SECTION- A
Sl. No. Roll No. Project Topics
1 502 SATUS OF MENTAL HEALTH IN INDIA : A LEGAL STUDY
2 503 INFORMED CONSENT IN CLINICAL TRIALS: INDIAN PERSPECTIVE
3 505 MEDICAL RESEARCH ON HUMANS
4 506 A LEGAL STUDY OF INFORMED CONSENT IN CLINICAL TRIAL
5 507 SEX SELECTION AND MEDICAL TERMINATION OF PREGNANCY: A CRITICAL STUDY
6 508 IMPORTANCE OF DNA PROFILING AND GENETIC INFORMATION FOR STATE
AGENCIES.
7 510 EVER GREENING OF PATENT IN PHARMACEUTICAL INDUSTRY WITH SPECIAL
REFERENCE TO LEAST DEVELOPED COUNTRIES
8 511 PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PCPNDT) ACT, 1994:
A CRITICAL STUDY
9 512 DOCTRINE OF INFORMED CONSENT IN DOCTOR PATIENT RELATIONSHIP
10 514 HUMAN CLONING : LEGAL AND ETHICAL ISSUES
Page 5 of 12 11 517 CONSENT IN CLINICAL TRIAL : CONTEMPORARY STATUS IN INDIA
12 522 EFFECTIVE DRUG REGULATION: A COMPRATIVE STUDY
13 523 SURROGATE MOTHERHOOD: ETHICAL OR COMMERCIAL.
14 525 LAW ON BIOSAFETY OF GENETICALLY MODIFIED
ORGANISMS: HEALTH CONCERNS
15 526 EUTHANASIA : A LEGAL CRITIQUE
16 527 CRITICAL STUDY OF HOSPITAL ADMINISTRATION & THEIR LIABILITY
17 529 PATENTING OF TRADITIONAL AND INDIGENOUS KNOWLEDGE : SPECIAL REFRENCE
TO HEALTH LAW
18 530 MEDICAL NEGLIGENCE - VARIOUS DIMENSIONS
19 532 CONFIDENTIALTY AND PRIVACY : PATIENT RIGHTS
20 533 RIGHT TO EMERGENCT MEDICAL AID: JUDICIAL APPROACH
21 534 MEDICAL NEGILGENCE AND LIABILITY OF MEDICAL PRACTIONERS
22 537 HEALTH LAW : LEGISLATIVE PERSPECTIVE
23 538 CONSUMER PROTECTION LAWS IN INDIA WITH SPECIAL REFERENCE TO HUMAN
HEALTH A SOCIO LEGAL STUDY
24 539 INFORMED CONSENT AND MEDICAL ETHICS : A CRITICAL STUDY ON ITS
IMPLEMENTATION
Page 6 of 12 25 541 A COMPARATIVE STUDY OF MENTAL INSANITY AND LEGAL INSANITY
26 542 REPRODUCTIVE RIGHTS OF WOMEN
27 543 GENDER VULNERABILITIES : WOMEN’S HEALTH & ACCESS TO HEALTHCARE IN
INDIA
28 544 RIGHT TO EMERGENCY MEDICAL AID IN INDIA : A LEGAL STUDY
29 546 MEDICAL NEGILIGENCE IN INDIA : JUDICIAL APPROACH IN INDIA
30 548 DEVELOPMENT OF HEALTHCARE SYSTEM IN INDIA : CONSTITIONAL PERSPECTIVE
31 550 STANDARD OF CARE IN MEDICAL NEGLIGENCE: COMPARISON WITH LAWS OF
OTHER COUNTRIES.
32 552 HEALTH AND CONSTITUTIONAL PROVISIONS RELATING TO HEALTH
33 553 CONSENT WITH REFRENCE TO EUTHANASIA
34 554 NOVATIS VERDICT AND RIGHT TO MEDICINE
35 555 THE ROLE OF STATE IN THE IMPLEMENTATION OF HEALTH POLICIES AND LAWS
36 556 HEALTH INSURANCE : COMPARATIVE STUDY
37 559 MEDICAL RESEARCH ON HUMAN BEINGS : LEGAL ISSUES INVOLVED
38 560 BLACK MAGIC AND QUACKS IN INDIA : A CRITICAL STUDY
39 561 ORGAN TRANSPLANTATION IN INDIA AND JUDICIAL APPROACH : A CRITICAL
Page 7 of 12 ANALYSIS
40 562 PUBLIC HEALTH LAW: NATIONAL AND INTERNATIONAL PERSPECTIVES
41 563 ROLE OF WTO AND TRIPS IN HEALTH LAW
42 564 RIGHT TO HEALTH IN INDIAN LAW AND PRACTICES
43 565 ROLE OF WHO IN PUBLIC HEALTH
44 568 HOSPITAL ADMINISTRATION AND THEIR LIABILITY IN THE CASES OF NEGLIGENCE
45 569 CRITICAL ANALYSIS OF CONSTITUTIONAL PROVISION RELATED TO HEALTH
46 570 HOSPITAL WASTE- THE HEALTH ISSUES AND LEGAL CONTROL
47 5447 STANDARD OF CARE OF MEDICAL NEGLIGENCE : A TRAP OF UNWARY
48 5463 ABORTION – LEGAL AND ETHICAL ISSUES INVOLVED
49 5451 MEDICAL EVIDENCE AND ITS USE IN TRIAL
SECTION B
Sl. No. Roll No. Project Topics
571 1 RIGHTS OF A PATIENT AND PROS AND CONS OF SURROGACY : A LEGAL STUDY
572 2 DOCTRINE OF INFORMED CONSENT IN DOCTOR PATIENT RELATIONSHIP
573 3 BRAIN DEATH AND TRASPLANTION OF ORGANS
Page 8 of 12 575 4 PUBLIC NUISANCE AFFECTING HUMAN HEALTH
576 5 MEDICAL DATA PROTECTION ININDIA.
577 IMPROVING THE REPRODUCTIVE HEALTH OF MARRIED AND UNMARRIED YOUTH IN 6 INDIA.
578 7 RIGHT TO HEALTH AND CONSTITUTION OF INDIA
580 8 DNA LEGISLATIONS : INDIA AND WORLD
581 9 THE ROLE OF STATE IN HEALTH PLOCIES AND LAWS
583 10 CLINICAL TRIALS : A COMPRATIVE STUDY
584 11 RIGHT TO TERMINATION OF PREGENANCY : LEGAL PERSPECTIVE
585 12 AN ANALYSIS OF OFFENCES AFFECTING PUBLIC HEALTH AND SAFETY
586 13 ORGAN DONATION AND OWNERSHIP OF BODY PART
588 14 ORGAN TRANSPLANTATION : A JUDICAL APPROACH
590 15 A COMPARATIVE STUDY OF MENTAL INSANITY AND LEGAL INSANITY
591 16 RIGHT TO HEALTH AS FUNDAMENTAL RIGHT
593 17 LEGAL ISSUES IN BIO MEDICAL WASTE MANAGEMENT
595 18 MEDICAL EVIDENCE & ITS USE IN TRIAL
596 19 MEDICAL NEGLIGENCE & PRIMARY TORTIOUS LIABILITY
597 SMOKING AND PASSIVE SMOKING - A CRITICAL STUDY
20
Page 9 of 12 598 21 REGULATION OF MEDICAL PROFESSION IN INDIA
601 22 HEALTH AND HUMAN RIGHT
602 23 PROTECTION OF HEALTH OF WORKMEN UNDER SOCIAL WELFARE LEGISLATIONS
603 24 DNA PROFILING WITH SPECIAL REFRENCE TO INDIAN EVIDENCE ACT, 1872.
604 25 EUTHANASIA AND INFORMED CONSENT
605 26 LAW RELATING TO EUTHANASIA IN INDIA : A COMPRATIVE STUDY
606 27 DOCTORS LEGAL LIABILITY WITH REFRENCE ANKUR ARORA CASE
607 28 BIOTECNOLOGY AND HEALTH LAW
608 PUBLIC HEALTH CARE LAW IN INDIA: ISSUES AND LEGISLATIONS
29
609 CHANGING DIMENSIONS OF EUTHANASIA WITH SPECIAL REFERENCE TO ARUNA 30 RAMCHANDRA SHANUBHAG CASE
610 31 ROLE OF WHO IN PUBLIC HEALTH
611 32 ABORTION AND LEGAL CONSEQUENCES
612 33 MEDICAL ETHICS AND INTERNATIONAL INSTRUMENTS : IMPLEMENTATION IN INDIA
613 34 DRUGS AND COSMETICS ACT -A CRITICAL STUDY
614 35 NARCOTICS ANS PSYCHTROPIC SUBSTANCES ACT : A REVIEW
615 36 STANDARD OF CARE IN MEDICAL NEGLIGENCE
Page 10 of 12 616 37 GENE PATENTING IN INDIA : LEGAL CONCERNS
617 HEALTH CARE, WASTE MANAGEMENT, AND PROTECTION AGAINST BIO-MEDICAL 38 WASTE.
618 39 EVERGREENING OF PATENTS IN PHARMACEUTICAL INDUSTRY : INDIAN PERSPECTIVE
619 40 CLINICAL TRIAL IN INDIA
620 41 REGULATORY AUTHORITIES IN MEDICAL PROFESSION
622 HEALTH CONDITIONS IN DISASTER AFFECTED AREAS – AN ANALYSIS OF POST 42 DISASTER REVIEW
