551 Texas Jurisprudence Exam
Questions with 100% Correct Answers
Can a patient successfully sue a doctor if there is no physician-patient relationship? -
No
If there is no prior physician-patient relationship, are yo
...
551 Texas Jurisprudence Exam
Questions with 100% Correct Answers
Can a patient successfully sue a doctor if there is no physician-patient relationship? -
No
If there is no prior physician-patient relationship, are you legally obliged to respond to a
call from a patient for treatment? - No
Does being on call give rise to a physician-patient relationship? - No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - 30 days written notice; must provide for emergency
Does a physician's duty extend to the unborn child or potential victims of an ill patient? -
Yes
What is "proximate cause"? - Prove that negligence caused harm and that the cause
was not too remote; what is required to hold a defendant liable in a civil lawsuit
What are the two components of proximate cause? - Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? - Yes
Does an expert witness have to know standards of care? - Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - Yes
Does an expert witness have to be board certified? - No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? - Yes, with two
exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - Res
ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - Damages above compensatory designed to punish
the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - $250,000 for physicians,
$500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? - No
What is "proportional responsibility"? - Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? - Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? - If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - 2 years; for minors 2
years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - File complaint—
extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - 2 years
What is the discovery rule? Give examples. - Statute does not begin until damage is
discovered. For example, a retained sponge that is found 3 years post-op
Is there immunity from civil action in emergency cases? - Yes, except gross negligence
Is there immunity from civil action in volunteer care? - Yes, except gross negligence
When can a physician be charged with "assault and battery"? - Un-consented surgery
or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Unilateral cessation of
treatment when continued treatment is necessary
What is "strict liability"? - Liability that does not depend on actual negligence, but that is
based on a breach of a duty to make something safe. This often applies to product
liability
Are hospitals liable for the actions of a physician? - No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a patient should be
released? - Judge by inspection
How many days do you have to release medical records to an attorney? - 45 days
Can medical records be admitted as evidence in court? What are the requirements? -
Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - Schedule 1—no known use (e.g., heroin);
schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
[Show More]
 v.png)
