TEXAS JURISPRUDENCE EXAM QUESTIONS
WITH COMPLETE SOLUTIONS
Can A Patient Successfully Sue A Doctor If There Is No Physician-Patient Relationship?
Correct Answerno
If There Is No Prior Physician-Patient Relationship, Are You Legally Obliged To
Respond To A Call From A Patient For Treatment? Correct Answerno
Does Being On Call Give Rise To A Physician-Patient Relationship? Correct Answerno
How Can One Terminate A Physician-Patient Relationship, Without Abandonment If
There Is Ongoing Treatment? Correct Answer30 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 Answeryes
What Is "Proximate Cause"? Correct Answerprove 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 Answercause-In-Fact
(But-For Test) And Foreseeability
Does An Expert Witness Have To Be Actively Practicing Medicine? Correct Answeryes
Does An Expert Witness Have To Know Standards Of Care? Correct Answeryes
,Does An Expert Witness Have To Have Enough Training To Express An Opinion On
Whether Standard Of Care Was Provided? Correct Answeryes
Does An Expert Witness Have To Be Board Certified? Correct Answerno, Board
Certified Or Eqivalent
In A Medical Malpractice Case, Are Expert Witnesses Required? Correct Answeryes,
With Two Exceptions
In A Medical Malpractice Setting, What 2 Instances Do Not Need Expert Testimony?
Correct Answerres Ipsa Loquitur (E.G., Amputation Of Wrong Leg) And Negligence Per
Se (A Law Was Broken)
What Are "Exemplary Damages"? Correct Answerdamages Above Compensatory
Designed To Punish The Defendant And Deter The Behavior
Is There A Cap To Noneconomic Damages? How Much? Correct Answer$250,000 For
Physicians, $500,000 For Hospitals
Does The Cap On Noneconomic Damage Depend On The Number Of Defendants Or
Claimants? Correct Answerno
What Is "Proportional Responsibility"? Correct Answerpercentage Of Liability
Apportioned According To Percentage Of Fault
Can The Claimant Have Part Of The Proportional Responsibility? Correct Answeryes
If The Claimant's Proportionate Responsibility Is More Than What %, He/She May Not
Recover Damages? Correct Answerif > 50%, No Damages Awarded
,How Long Is The Statute Of Limitations For Adults? For Minors? Correct Answer2
Years; For Minors 2 Years After Becoming 18 Years Of Age
By How Much Can The Statute Of Limitations Be Extended And How? Correct
Answerfile Complaint—Extra 60-Day, Notice Letter Extends Statute By 75 Days
What Is The Statute Of Limitations For Wrongful Death? Correct Answer2 Years
What Is The Discovery Rule? Give Examples. Correct Answerstatute 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 Answeryes, Except
Gross Negligence
Is There Immunity From Civil Action In Volunteer Care? Correct Answeryes, Except
Gross Negligence
When Can A Physician Be Charged With "Assault And Battery"? Correct Answerun-
Consented Surgery Or Examination Or When Exceeding The Scope Of The Consent
When Can A Physician Be Charged With Patient Abandonment? Correct
Answerunilateral Cessation Of Treatment When Continued Treatment Is Necessary
What Is "Strict Liability"? Correct Answerliability 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 Answerno, Unless The
Hospital Employs The Physician
, Who Determines In A Criminal Case If The Medical Records Of A Patient Should Be
Released? Correct Answerjudge By Inspection
How Many Days Do You Have To Release Medical Records To An Attorney? Correct
Answer45 Days
Can Medical Records Be Admitted As Evidence In Court? What Are The Requirements?
Correct Answeryes, But Only With Affidavit
What Are Schedule 1, 2, 3, 4, 5 Drugs? Correct Answerschedule 1—No Known Use
(E.G., Heroin); Schedule 2—Very Addictive (Morphine, Cocaine); Schedule 3-5—Less
Addictive
What Are Dangerous Drugs? Correct Answerprescription Drugs Other Than Schedule 1-
5
How Many Dea Registrations Do You Need If You Prescribe Drugs? Dispense Drugs?
Correct Answerone To Prescribe; A Separate Registration For Each Location Where You
Dispense
How Often Do You Renew Your Dea License? Correct Answerevery 3 Years
Can You Move Your Office Location And Then Change Your Dea? Correct Answerno,
Need To Change Before Move
Is A Dea Registration Sufficient To Prescribe Drugs In Texas? Correct Answerno, Also
Need Department Of Public Safety Bureau Of Narcotics And Dangerous Drug
Registration
How Often Do You Renew A Dps License? Correct Answeryearly
WITH COMPLETE SOLUTIONS
Can A Patient Successfully Sue A Doctor If There Is No Physician-Patient Relationship?
Correct Answerno
If There Is No Prior Physician-Patient Relationship, Are You Legally Obliged To
Respond To A Call From A Patient For Treatment? Correct Answerno
Does Being On Call Give Rise To A Physician-Patient Relationship? Correct Answerno
How Can One Terminate A Physician-Patient Relationship, Without Abandonment If
There Is Ongoing Treatment? Correct Answer30 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 Answeryes
What Is "Proximate Cause"? Correct Answerprove 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 Answercause-In-Fact
(But-For Test) And Foreseeability
Does An Expert Witness Have To Be Actively Practicing Medicine? Correct Answeryes
Does An Expert Witness Have To Know Standards Of Care? Correct Answeryes
,Does An Expert Witness Have To Have Enough Training To Express An Opinion On
Whether Standard Of Care Was Provided? Correct Answeryes
Does An Expert Witness Have To Be Board Certified? Correct Answerno, Board
Certified Or Eqivalent
In A Medical Malpractice Case, Are Expert Witnesses Required? Correct Answeryes,
With Two Exceptions
In A Medical Malpractice Setting, What 2 Instances Do Not Need Expert Testimony?
Correct Answerres Ipsa Loquitur (E.G., Amputation Of Wrong Leg) And Negligence Per
Se (A Law Was Broken)
What Are "Exemplary Damages"? Correct Answerdamages Above Compensatory
Designed To Punish The Defendant And Deter The Behavior
Is There A Cap To Noneconomic Damages? How Much? Correct Answer$250,000 For
Physicians, $500,000 For Hospitals
Does The Cap On Noneconomic Damage Depend On The Number Of Defendants Or
Claimants? Correct Answerno
What Is "Proportional Responsibility"? Correct Answerpercentage Of Liability
Apportioned According To Percentage Of Fault
Can The Claimant Have Part Of The Proportional Responsibility? Correct Answeryes
If The Claimant's Proportionate Responsibility Is More Than What %, He/She May Not
Recover Damages? Correct Answerif > 50%, No Damages Awarded
,How Long Is The Statute Of Limitations For Adults? For Minors? Correct Answer2
Years; For Minors 2 Years After Becoming 18 Years Of Age
By How Much Can The Statute Of Limitations Be Extended And How? Correct
Answerfile Complaint—Extra 60-Day, Notice Letter Extends Statute By 75 Days
What Is The Statute Of Limitations For Wrongful Death? Correct Answer2 Years
What Is The Discovery Rule? Give Examples. Correct Answerstatute 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 Answeryes, Except
Gross Negligence
Is There Immunity From Civil Action In Volunteer Care? Correct Answeryes, Except
Gross Negligence
When Can A Physician Be Charged With "Assault And Battery"? Correct Answerun-
Consented Surgery Or Examination Or When Exceeding The Scope Of The Consent
When Can A Physician Be Charged With Patient Abandonment? Correct
Answerunilateral Cessation Of Treatment When Continued Treatment Is Necessary
What Is "Strict Liability"? Correct Answerliability 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 Answerno, Unless The
Hospital Employs The Physician
, Who Determines In A Criminal Case If The Medical Records Of A Patient Should Be
Released? Correct Answerjudge By Inspection
How Many Days Do You Have To Release Medical Records To An Attorney? Correct
Answer45 Days
Can Medical Records Be Admitted As Evidence In Court? What Are The Requirements?
Correct Answeryes, But Only With Affidavit
What Are Schedule 1, 2, 3, 4, 5 Drugs? Correct Answerschedule 1—No Known Use
(E.G., Heroin); Schedule 2—Very Addictive (Morphine, Cocaine); Schedule 3-5—Less
Addictive
What Are Dangerous Drugs? Correct Answerprescription Drugs Other Than Schedule 1-
5
How Many Dea Registrations Do You Need If You Prescribe Drugs? Dispense Drugs?
Correct Answerone To Prescribe; A Separate Registration For Each Location Where You
Dispense
How Often Do You Renew Your Dea License? Correct Answerevery 3 Years
Can You Move Your Office Location And Then Change Your Dea? Correct Answerno,
Need To Change Before Move
Is A Dea Registration Sufficient To Prescribe Drugs In Texas? Correct Answerno, Also
Need Department Of Public Safety Bureau Of Narcotics And Dangerous Drug
Registration
How Often Do You Renew A Dps License? Correct Answeryearly
