Texas Jurisprudence Exam Health Care Questions And Answers Latest Version 2023

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