Texas Jurisprudence Exam| Questions With 100% Correct Answers |Verified

How can one terminate a physician-patient relationship, without abandonment, if there is ongoing treatment? - 30 days written notice, must provide for emergency What is "proximate cause"? - Prove that negligence caused harm and that the cause was not too remote; what is required to a hold a defendant liable in a civil lawsuit What are the two components of proximate cause? - Cause-in-fact (but-for test) and forseeability In a medical malpractice setting, what two instances do not need expert testimony? - Res ipsa loquitur (e.g. amputation of wrong leg) and negligence per se (a law was broken) Is there a cap to noneconomic damages? How much? - 250K for physicians, 500K for hospitals If the claimants proportionate responsibility is more than what %, then 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 18yo In a criminal proceeding, is the physician-patient privilege communication confidential? - No, except for mental health and substance abuse records; judicial ruling should be obtained. What is "therapeutic privilege", when can it be used, who has access to the information, and what is the protocol the physician must follow? - If physician thinks that information would be harmful to the patient, it can be withheld; in writing, copy in the chart; films or tests must be released to patient representative. How many years does a physician have to keep records for adults? For minors? - 7 years for adults; 7 years or until age 21 for minors; hospital must keep 10 years