Texas Jurisprudence Exam Questions
And Answers Latest Update | Solved
Can a patient successfully sue a doctor if there is no physician-patient relationship?
CORRECT ANSWERS No
If there is no prior physician-patient relationship, are you legally obliged to respond to a
call from a patient for treatment? CORRECT ANSWERS No
Does being on call give rise to a physician-patient relationship? CORRECT ANSWERS
No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? CORRECT ANSWERS 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?
CORRECT ANSWERS Yes
What is "proximate cause"? CORRECT ANSWERS 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 ANSWERS Cause-in-
fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? CORRECT ANSWERS
Yes
Does an expert witness have to know standards of care? CORRECT ANSWERS Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? CORRECT ANSWERS Yes
Does an expert witness have to be board certified? CORRECT ANSWERS No, board
certified or eqivalent
In a medical malpractice case, are expert witnesses required? CORRECT ANSWERS
Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony?
CORRECT ANSWERS Res ipsa loquitur (e.g., amputation of wrong leg) and negligence
per se (a law was broken)
,What are "exemplary damages"? CORRECT ANSWERS Damages above
compensatory designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? CORRECT ANSWERS $250,000
for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? CORRECT ANSWERS No
What is "proportional responsibility"? CORRECT ANSWERS Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? CORRECT ANSWERS
Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? CORRECT ANSWERS If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? CORRECT ANSWERS 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
ANSWERS File complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? CORRECT ANSWERS 2 years
What is the discovery rule? Give examples. CORRECT ANSWERS 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 ANSWERS Yes,
except gross negligence
Is there immunity from civil action in volunteer care? CORRECT ANSWERS Yes,
except gross negligence
When can a physician be charged with "assault and battery"? CORRECT ANSWERS
Un-consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? CORRECT ANSWERS
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"? CORRECT ANSWERS 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 ANSWERS No, unless
the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? CORRECT ANSWERS Judge by inspection
How many days do you have to release medical records to an attorney? CORRECT
ANSWERS 45 days
Can medical records be admitted as evidence in court? What are the requirements?
CORRECT ANSWERS Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? CORRECT ANSWERS Schedule 1—no known
use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? CORRECT ANSWERS Prescription drugs other than
schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
CORRECT ANSWERS One to prescribe; a separate registration for each location
where you dispense
How often do you renew your DEA license? CORRECT ANSWERS Every 3 years
Can you move your office location and then change your DEA? CORRECT ANSWERS
No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? CORRECT ANSWERS No,
also need Department of Public Safety Bureau of Narcotics and Dangerous Drug
registration
How often do you renew a DPS license? CORRECT ANSWERS Yearly
Do you have to display the DEA and DPS licenses? CORRECT ANSWERS 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.)? CORRECT ANSWERS 7 days
Can you have your DPS suspended and keep your DEA or vice versa? CORRECT
ANSWERS No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription?
CORRECT ANSWERS No, number and number spelled out
, Do you have to put intended use on prescription? CORRECT ANSWERS Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the
hospital? CORRECT ANSWERS 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?
CORRECT ANSWERS Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone? CORRECT ANSWERS 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? CORRECT ANSWERS 7 days
How many days does the patient have to fill schedule 2 prescriptions? CORRECT
ANSWERS 7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? CORRECT
ANSWERS No for schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office? CORRECT ANSWERS Any
qualified DESIGNATED person
Can they call in schedule 2? CORRECT ANSWERS Only physician in emergencies
Can a physician prohibit substitutions for generics? CORRECT ANSWERS Yes
From whom and how do you order schedule 2? Schedules 3-5? CORRECT ANSWERS
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? CORRECT ANSWERS 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? CORRECT ANSWERS TMB, DPS, attorney general for
the DEA
What is the method of ordering and accounting for drug samples? CORRECT
ANSWERS Written and signed request by physician; must keep inventory and drug logs
Can you repackage samples? CORRECT ANSWERS No
And Answers Latest Update | Solved
Can a patient successfully sue a doctor if there is no physician-patient relationship?
CORRECT ANSWERS No
If there is no prior physician-patient relationship, are you legally obliged to respond to a
call from a patient for treatment? CORRECT ANSWERS No
Does being on call give rise to a physician-patient relationship? CORRECT ANSWERS
No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? CORRECT ANSWERS 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?
CORRECT ANSWERS Yes
What is "proximate cause"? CORRECT ANSWERS 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 ANSWERS Cause-in-
fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? CORRECT ANSWERS
Yes
Does an expert witness have to know standards of care? CORRECT ANSWERS Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? CORRECT ANSWERS Yes
Does an expert witness have to be board certified? CORRECT ANSWERS No, board
certified or eqivalent
In a medical malpractice case, are expert witnesses required? CORRECT ANSWERS
Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony?
CORRECT ANSWERS Res ipsa loquitur (e.g., amputation of wrong leg) and negligence
per se (a law was broken)
,What are "exemplary damages"? CORRECT ANSWERS Damages above
compensatory designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? CORRECT ANSWERS $250,000
for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? CORRECT ANSWERS No
What is "proportional responsibility"? CORRECT ANSWERS Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? CORRECT ANSWERS
Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? CORRECT ANSWERS If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? CORRECT ANSWERS 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
ANSWERS File complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? CORRECT ANSWERS 2 years
What is the discovery rule? Give examples. CORRECT ANSWERS 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 ANSWERS Yes,
except gross negligence
Is there immunity from civil action in volunteer care? CORRECT ANSWERS Yes,
except gross negligence
When can a physician be charged with "assault and battery"? CORRECT ANSWERS
Un-consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? CORRECT ANSWERS
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"? CORRECT ANSWERS 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 ANSWERS No, unless
the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? CORRECT ANSWERS Judge by inspection
How many days do you have to release medical records to an attorney? CORRECT
ANSWERS 45 days
Can medical records be admitted as evidence in court? What are the requirements?
CORRECT ANSWERS Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? CORRECT ANSWERS Schedule 1—no known
use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? CORRECT ANSWERS Prescription drugs other than
schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
CORRECT ANSWERS One to prescribe; a separate registration for each location
where you dispense
How often do you renew your DEA license? CORRECT ANSWERS Every 3 years
Can you move your office location and then change your DEA? CORRECT ANSWERS
No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? CORRECT ANSWERS No,
also need Department of Public Safety Bureau of Narcotics and Dangerous Drug
registration
How often do you renew a DPS license? CORRECT ANSWERS Yearly
Do you have to display the DEA and DPS licenses? CORRECT ANSWERS 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.)? CORRECT ANSWERS 7 days
Can you have your DPS suspended and keep your DEA or vice versa? CORRECT
ANSWERS No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription?
CORRECT ANSWERS No, number and number spelled out
, Do you have to put intended use on prescription? CORRECT ANSWERS Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the
hospital? CORRECT ANSWERS 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?
CORRECT ANSWERS Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone? CORRECT ANSWERS 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? CORRECT ANSWERS 7 days
How many days does the patient have to fill schedule 2 prescriptions? CORRECT
ANSWERS 7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? CORRECT
ANSWERS No for schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office? CORRECT ANSWERS Any
qualified DESIGNATED person
Can they call in schedule 2? CORRECT ANSWERS Only physician in emergencies
Can a physician prohibit substitutions for generics? CORRECT ANSWERS Yes
From whom and how do you order schedule 2? Schedules 3-5? CORRECT ANSWERS
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? CORRECT ANSWERS 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? CORRECT ANSWERS TMB, DPS, attorney general for
the DEA
What is the method of ordering and accounting for drug samples? CORRECT
ANSWERS Written and signed request by physician; must keep inventory and drug logs
Can you repackage samples? CORRECT ANSWERS No
