Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
Can a patient successfully sue a doctor if there is no physician-patient relationship? - ANSWER No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a
patient for treatment? - ANSWER No
Does being on call give rise to a physician-patient relationship? - ANSWER No
How can one terminate a physician-patient relationship, without abandonment if there is ongoing
treatment? - ANSWER 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? - ANSWER Yes
What is "proximate cause"? - ANSWER 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? - ANSWER Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? - ANSWER Yes
Does an expert witness have to know standards of care? - ANSWER Yes
Does an expert witness have to have enough training to express an opinion on whether standard of care
was provided? - ANSWER Yes
Does an expert witness have to be board certified? - ANSWER No, board certified or eqivalent
,Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
In a medical malpractice case, are expert witnesses required? - ANSWER Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - ANSWER Res ipsa
loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - ANSWER Damages above compensatory designed to punish the
defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - ANSWER $250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? - ANSWER
No
What is "proportional responsibility"? - ANSWER Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? - ANSWER Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? -
ANSWER If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - ANSWER 2 years; for minors 2 years after
becoming 18 years of age
By how much can the statute of limitations be extended and how? - ANSWER File complaint—extra 60-
day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - ANSWER 2 years
,Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
What is the discovery rule? Give examples. - ANSWER 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? - ANSWER Yes, except gross negligence
Is there immunity from civil action in volunteer care? - ANSWER Yes, except gross negligence
When can a physician be charged with "assault and battery"? - ANSWER Un-consented surgery or
examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - ANSWER Unilateral cessation of
treatment when continued treatment is necessary
What is "strict liability"? - ANSWER 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? - ANSWER No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a patient should be released? - ANSWER
Judge by inspection
How many days do you have to release medical records to an attorney? - ANSWER 45 days
Can medical records be admitted as evidence in court? What are the requirements? - ANSWER Yes, but
only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER Schedule 1—no known use (e.g., heroin); schedule 2—
very addictive (morphine, cocaine); schedule 3-5—less addictive
, Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
What are dangerous drugs? - ANSWER Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? - ANSWER One to
prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - ANSWER Every 3 years
Can you move your office location and then change your DEA? - ANSWER No, need to change BEFORE
move
Is a DEA registration sufficient to prescribe drugs in Texas? - ANSWER No, also need Department of
Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - ANSWER Yearly
Do you have to display the DEA and DPS licenses? - ANSWER 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.)? - ANSWER 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - ANSWER No, they are
interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? - ANSWER No, number
and number spelled out
Do you have to put intended use on prescription? - ANSWER Yes
Complete Correct Actual Answers.
Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
Can a patient successfully sue a doctor if there is no physician-patient relationship? - ANSWER No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a
patient for treatment? - ANSWER No
Does being on call give rise to a physician-patient relationship? - ANSWER No
How can one terminate a physician-patient relationship, without abandonment if there is ongoing
treatment? - ANSWER 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? - ANSWER Yes
What is "proximate cause"? - ANSWER 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? - ANSWER Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? - ANSWER Yes
Does an expert witness have to know standards of care? - ANSWER Yes
Does an expert witness have to have enough training to express an opinion on whether standard of care
was provided? - ANSWER Yes
Does an expert witness have to be board certified? - ANSWER No, board certified or eqivalent
,Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
In a medical malpractice case, are expert witnesses required? - ANSWER Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - ANSWER Res ipsa
loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - ANSWER Damages above compensatory designed to punish the
defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - ANSWER $250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? - ANSWER
No
What is "proportional responsibility"? - ANSWER Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? - ANSWER Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? -
ANSWER If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - ANSWER 2 years; for minors 2 years after
becoming 18 years of age
By how much can the statute of limitations be extended and how? - ANSWER File complaint—extra 60-
day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - ANSWER 2 years
,Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
What is the discovery rule? Give examples. - ANSWER 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? - ANSWER Yes, except gross negligence
Is there immunity from civil action in volunteer care? - ANSWER Yes, except gross negligence
When can a physician be charged with "assault and battery"? - ANSWER Un-consented surgery or
examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - ANSWER Unilateral cessation of
treatment when continued treatment is necessary
What is "strict liability"? - ANSWER 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? - ANSWER No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a patient should be released? - ANSWER
Judge by inspection
How many days do you have to release medical records to an attorney? - ANSWER 45 days
Can medical records be admitted as evidence in court? What are the requirements? - ANSWER Yes, but
only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER Schedule 1—no known use (e.g., heroin); schedule 2—
very addictive (morphine, cocaine); schedule 3-5—less addictive
, Texas Jurisprudence Exam 551
Complete Correct Actual Answers.
What are dangerous drugs? - ANSWER Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? - ANSWER One to
prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - ANSWER Every 3 years
Can you move your office location and then change your DEA? - ANSWER No, need to change BEFORE
move
Is a DEA registration sufficient to prescribe drugs in Texas? - ANSWER No, also need Department of
Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - ANSWER Yearly
Do you have to display the DEA and DPS licenses? - ANSWER 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.)? - ANSWER 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - ANSWER No, they are
interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? - ANSWER No, number
and number spelled out
Do you have to put intended use on prescription? - ANSWER Yes
