Can a patient successfully sue a doctor if there is no physician-patient relationship? Ans- No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a
patient for treat
...
Can a patient successfully sue a doctor if there is no physician-patient relationship? Ans- No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a
patient for treatment? Ans- No
Does being on call give rise to a physician-patient relationship? Ans- No
How can one terminate a physician-patient relationship, without abandonment if there is ongoing
treatment? Ans- 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? Ans- Yes
What is "proximate cause"? Ans- 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? Ans- Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? Ans- Yes
Does an expert witness have to know standards of care? Ans- Yes
Does an expert witness have to have enough training to express an opinion on whether standard of care
was provided? Ans- Yes
Does an expert witness have to be board certified? Ans- No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? Ans- Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? Ans- Res ipsa loquitur
(e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? Ans- Damages above compensatory designed to punish the defendant
and deter the behavior
Is there a cap to noneconomic damages? How much? Ans- $250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? Ans- No
What is "proportional responsibility"? Ans- Percentage of liability apportioned according to percentage
of fault
Can the claimant have part of the proportional responsibility? Ans- Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover damages?
Ans- If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? Ans- 2 years; for minors 2 years after
becoming 18 years of age
By how much can the statute of limitations be extended and how? Ans- File complaint—extra 60-day,
notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? Ans- 2 years
What is the discovery rule? Give examples. Ans- 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? Ans- Yes, except gross negligence
Is there immunity from civil action in volunteer care? Ans- Yes, except gross negligence
When can a physician be charged with "assault and battery"? Ans- Un-consented surgery or examination
or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? Ans- Unilateral cessation of treatment
when continued treatment is necessary
What is "strict liability"? Ans- 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? Ans- No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be released? Ans- Judge by
inspection
How many days do you have to release medical records to an attorney? Ans- 45 days
Can medical records be admitted as evidence in court? What are the requirements? Ans- Yes, but only
with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? Ans- Schedule 1—no known use (e.g., heroin); schedule 2—very
addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? Ans- Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? Ans- One to prescribe;
a separate registration for each location where you dispense
How often do you renew your DEA license? Ans- Every 3 years
Can you move your office location and then change your DEA? Ans- No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? Ans- No, also need Department of Public
Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? Ans- Yearly
Do you have to display the DEA and DPS licenses? Ans- Not required by any statute.
How many days do you have to notify the DPS of any change in your information (name, address, tel.,
etc.)? Ans- 7 days
Can you have your DPS suspended and keep your DEA or vice versa? Ans- No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? Ans- No, number and
number spelled out
Do you have to put intended use on prescription? Ans- Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? Ans- 7 days;
only if the drug was already rx in the hospital
What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? Ans- Official DPS
form; no stickers
Can a physician prescribe schedule 2 over the phone? Ans- Yes, for emergencies, and only for the
duration of emergency
How many days does the physician have to mail the schedule's emergency prescription to the
pharmacy? Ans- 7 days
How many days does the patient have to fill schedule 2 prescriptions? Ans- 7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? Ans- No for schedule 2. Max 5 refills
for schedules 3-5.
Who can call in prescription from a physician's office? Ans- Any qualified DESIGNATED person
Can they call in schedule 2? Ans- Only physician in emergencies
Can a physician prohibit substitutions for generics? Ans- Yes
From whom and how do you order schedule 2? Schedules 3-5? Ans- Schedule 2 on triplicate order form
from distributor; schedules 3-5 regular form from wholesaler
What drugs do you need to keep records on? How are the records kept? How often do you need to do
inventory? Do you need to submit the records? How long do you have to keep the last inventory list?
Ans- If dispensed in office, then all dangerous drugs, schedule drugs and samples; separate records for
schedule 1+2; inventory every 2 years; records are not submitted; keep records for 2 years
Who can inspect your drugs? Ans- TMB, DPS, attorney general for the DEA
What is the method of ordering and accounting for drug samples? Ans- Written and signed request by
physician; must keep inventory and drug logs
Can you repackage samples? Ans- No
Do you need to keep records on samples? Ans- Yes, just like other meds
Can a physician buy and rebottle? Any exceptions? Ans- No, except for rural areas (less than 5000
population of town or 2500 of municipality, closest pharmacy > 15 miles)
To give anesthesia, how often do you have to register with the board? Ans- Every 2 years
What life support competency do surgeons and anesthesiologists need? Ans- ACLS, PALS, or boardapproved course
How many and what competency levels of healthcare providers do you need in all settings? Ans- At least
2 physicians with advanced competency
How many days do you have to report office-based anesthesia-related complications? Ans- 15 days
What is considered an anesthesia-related complication? Ans- Admission to h
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