Texas Jurisprudence Exam, Questions & Answers, All Verified
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Texas Jurisprudence Exam, Questions & Answers, All Verified-Can a patient successfully sue a doctor if there is no physician-patient relationship? - No If there is no prior physician-patient relati... onship, 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 damag [Show More]
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