Texas Jurisprudence Chap 1-4 Exam Questions and Correct Answers (Complete Solution) Graded A+
Can a patient successfully sue a doctor if there is no physician-patient relationship? ✔✔ No
If there is no prior physic
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Texas Jurisprudence Chap 1-4 Exam Questions and Correct Answers (Complete Solution) Graded A+
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
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