2026 Texas Jurisprudence Actual Exam
Questions with Correct Answers GRADED
A
Can a client successfully sue a doctor if there is no physician-client relationship? -CORRECT>>No
If there is no prior physician-client relationship, are you legally obliged to respond to a call from a client
for treatment? -CORRECT>>No
Does being on call give rise to a physician-client relationship? -CORRECT>>No
How can one terminate a physician-client relationship, without abandonment if there is ongoing
treatment? -CORRECT>>30 days written notice; must provide for emergency
Does a physician's duty extend to the unborn child or potential victims of an ill client? -CORRECT>>Yes
What is "proximate cause"? -CORRECT>>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? -CORRECT>>Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? -CORRECT>>Yes
Does an expert witness have to know standards of care? -CORRECT>>Yes
Does an expert witness have to have enough training to express an opinion on whether standard of care
was provided? -CORRECT>>Yes
,Does an expert witness have to be board certified? -CORRECT>>No, board certified or eqivalent
,In a medical malpractice case, are expert witnesses required? -CORRECT>>Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? -CORRECT>>Res ipsa
loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? -CORRECT>>Damages above compensatory designed to punish the
defendant and deter the behavior
Is there a cap to noneconomic damages? How much? -CORRECT>>$250,000 for physicians, $500,000
for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
CORRECT>>No
What is "proportional responsibility"? -CORRECT>>Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? -CORRECT>>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? -CORRECT>>2 years; for minors 2 years
after becoming 18 years of age
By how much can the statute of limitations be extended and how? -CORRECT>>File complaint—extra
60-day, notice letter extends statute by 75 days
, What is the statute of limitations for wrongful death? -CORRECT>>2 years
What is the discovery rule? Give examples. -CORRECT>>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? -CORRECT>>Yes, except gross negligence
Is there immunity from civil action in volunteer care? -CORRECT>>Yes, except gross negligence
When can a physician be charged with "assault and battery"? -CORRECT>>Un-consented surgery or
examination or when exceeding the scope of the consent
When can a physician be charged with client abandonment? -CORRECT>>Unilateral cessation of
treatment when continued treatment is necessary
What is "strict liability"? -CORRECT>>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? -CORRECT>>No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a client should be released? -
CORRECT>>Judge by inspection
How many days do you have to release medical records to an attorney? -CORRECT>>45 days
Can medical records be admitted as evidence in court? What are the requirements? -CORRECT>>Yes, but
only with affidavit
Questions with Correct Answers GRADED
A
Can a client successfully sue a doctor if there is no physician-client relationship? -CORRECT>>No
If there is no prior physician-client relationship, are you legally obliged to respond to a call from a client
for treatment? -CORRECT>>No
Does being on call give rise to a physician-client relationship? -CORRECT>>No
How can one terminate a physician-client relationship, without abandonment if there is ongoing
treatment? -CORRECT>>30 days written notice; must provide for emergency
Does a physician's duty extend to the unborn child or potential victims of an ill client? -CORRECT>>Yes
What is "proximate cause"? -CORRECT>>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? -CORRECT>>Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? -CORRECT>>Yes
Does an expert witness have to know standards of care? -CORRECT>>Yes
Does an expert witness have to have enough training to express an opinion on whether standard of care
was provided? -CORRECT>>Yes
,Does an expert witness have to be board certified? -CORRECT>>No, board certified or eqivalent
,In a medical malpractice case, are expert witnesses required? -CORRECT>>Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? -CORRECT>>Res ipsa
loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? -CORRECT>>Damages above compensatory designed to punish the
defendant and deter the behavior
Is there a cap to noneconomic damages? How much? -CORRECT>>$250,000 for physicians, $500,000
for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
CORRECT>>No
What is "proportional responsibility"? -CORRECT>>Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? -CORRECT>>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? -CORRECT>>2 years; for minors 2 years
after becoming 18 years of age
By how much can the statute of limitations be extended and how? -CORRECT>>File complaint—extra
60-day, notice letter extends statute by 75 days
, What is the statute of limitations for wrongful death? -CORRECT>>2 years
What is the discovery rule? Give examples. -CORRECT>>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? -CORRECT>>Yes, except gross negligence
Is there immunity from civil action in volunteer care? -CORRECT>>Yes, except gross negligence
When can a physician be charged with "assault and battery"? -CORRECT>>Un-consented surgery or
examination or when exceeding the scope of the consent
When can a physician be charged with client abandonment? -CORRECT>>Unilateral cessation of
treatment when continued treatment is necessary
What is "strict liability"? -CORRECT>>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? -CORRECT>>No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a client should be released? -
CORRECT>>Judge by inspection
How many days do you have to release medical records to an attorney? -CORRECT>>45 days
Can medical records be admitted as evidence in court? What are the requirements? -CORRECT>>Yes, but
only with affidavit
