TEXAS MEDICAL JURISPRUDENCE EXAM SCRIPT 2025
QUESTIONS WITH ANSWERS RATED A+
✔✔What are the unintentional torts? - ✔✔Negligence
Malpractice
Negligent Misrepresentation
✔✔What is the failure to perform an expected duty or to carry out a duty in a reasonable
manner? - ✔✔Negligence
✔✔What are the four elements of a negligence action? - ✔✔Duty
Breach=failure to abide by duty
Causation
Damages
-all four needed for successful claim
✔✔What does the term proximate cause mean? - ✔✔Court determines that the actions
of the defendant to be the legal causes of harm
✔✔What is the term of professional negligence? - ✔✔Malpractice
✔✔What things are considered in a malpractice case? - ✔✔Type of patient
Locality
-since standard of care may vary
✔✔If you make a statement about a treatment that is not true, what type of tort is that? -
✔✔Negligent Misrepresentation
✔✔What are the intentional torts? - ✔✔Assault
Battery
False Imprisonment
Defamation/Slander
Invasion of Privacy
Fraud
✔✔For intentional torts, what exactly is intentional? - ✔✔The act
NOT the intention to harm
✔✔If a physician performs Sx without consent, what is it? - ✔✔Battery
✔✔What are the four elements required to form a legally binding contract? - ✔✔Offer
Acceptance
,Consideration
Meeting of the minds
✔✔What does Consideration mean? - ✔✔Both parties must give something up
(ex: time or money)
✔✔What are the types of contracts? - ✔✔Written
Oral
Quasi
✔✔What is bad about patient abandonment? - ✔✔Breach of contract
Violation of medical licensing rules
✔✔What 3 things are included in a physician-patient contract? - ✔✔Agreement to pay
for services
Truthful disclosure of conditions by the patient
Agreement for Dr. to provide services
✔✔What is Mens rea? - ✔✔the intention or knowledge of wrongdoing that constitutes
part of a crime
=mental state of defendant
✔✔What rights are provided to criminal defendants? - ✔✔Due Process
Equal Protection
✔✔What is the power of a particular court to hear a case? - ✔✔Jurisdiction
-subject matter
-personal
✔✔Where can criminal cases be initiated? - ✔✔Grand Jury
Preliminary Hearing
✔✔Where can civil cases be initiated? - ✔✔Summons
Complaint
✔✔What is the term of both sides sharing evidence? - ✔✔Discovery
(Rule 26)
✔✔What is the standard of proof for a criminal trial? - ✔✔Beyond a reasonable doubt
✔✔What is the standard of proof for a civil fraud trial? - ✔✔Clear and convincing
✔✔What is the standard of proof for a most civil trials - ✔✔Preponderance of the
evidence
, ✔✔In a civil case, what can be applied if there is no dispute over the facts resulting in
the judge making the verdict instead of a jury? - ✔✔Summary Judgement
-better for defense
-plaintiff wants jury so they can get sympathy
✔✔What is the key focuses on every state's medical practice acts? - ✔✔Patient Safety
✔✔What is included in each state's medical practice acts? - ✔✔Licensure and practice
standards
Discipline standards
✔✔What are the two ways you can get a state medical license? - ✔✔Examination
Reciprocity (from another state)
✔✔What rule says that the Dr. must provide information to the patient
(diagnosis,risks,expected benefits,alt treatment,costs and pain) that a reasonable
person would want before he/she makes a decision? - ✔✔Prudent Person Rule
✔✔Is it enough to just explain the procedure to the patient? - ✔✔NOPE
Get them to sign a consent form for any procedure with more than a slight risk of harm
to the patient
✔✔What is the key duty of the physician? - ✔✔Confidentiality
✔✔What state law covers a physician if he stops to help a stranger in an emergency
situation preventing them from being liable of malpractice damages? - ✔✔Good
Samartitan
✔✔What's it called when physicians are responsible for those who work under their
supervision for acts that occur within scope of employment? - ✔✔Respondeat Superior
(Thompson v Brent)
"Your are the thop and are reponsible for those below you"
✔✔What are the two key duties the physicians have to employees? - ✔✔Safety and
compensation
Also make sure they only do things they are legally allowed to
(Thompson v Brent)
QUESTIONS WITH ANSWERS RATED A+
✔✔What are the unintentional torts? - ✔✔Negligence
Malpractice
Negligent Misrepresentation
✔✔What is the failure to perform an expected duty or to carry out a duty in a reasonable
manner? - ✔✔Negligence
✔✔What are the four elements of a negligence action? - ✔✔Duty
Breach=failure to abide by duty
Causation
Damages
-all four needed for successful claim
✔✔What does the term proximate cause mean? - ✔✔Court determines that the actions
of the defendant to be the legal causes of harm
✔✔What is the term of professional negligence? - ✔✔Malpractice
✔✔What things are considered in a malpractice case? - ✔✔Type of patient
Locality
-since standard of care may vary
✔✔If you make a statement about a treatment that is not true, what type of tort is that? -
✔✔Negligent Misrepresentation
✔✔What are the intentional torts? - ✔✔Assault
Battery
False Imprisonment
Defamation/Slander
Invasion of Privacy
Fraud
✔✔For intentional torts, what exactly is intentional? - ✔✔The act
NOT the intention to harm
✔✔If a physician performs Sx without consent, what is it? - ✔✔Battery
✔✔What are the four elements required to form a legally binding contract? - ✔✔Offer
Acceptance
,Consideration
Meeting of the minds
✔✔What does Consideration mean? - ✔✔Both parties must give something up
(ex: time or money)
✔✔What are the types of contracts? - ✔✔Written
Oral
Quasi
✔✔What is bad about patient abandonment? - ✔✔Breach of contract
Violation of medical licensing rules
✔✔What 3 things are included in a physician-patient contract? - ✔✔Agreement to pay
for services
Truthful disclosure of conditions by the patient
Agreement for Dr. to provide services
✔✔What is Mens rea? - ✔✔the intention or knowledge of wrongdoing that constitutes
part of a crime
=mental state of defendant
✔✔What rights are provided to criminal defendants? - ✔✔Due Process
Equal Protection
✔✔What is the power of a particular court to hear a case? - ✔✔Jurisdiction
-subject matter
-personal
✔✔Where can criminal cases be initiated? - ✔✔Grand Jury
Preliminary Hearing
✔✔Where can civil cases be initiated? - ✔✔Summons
Complaint
✔✔What is the term of both sides sharing evidence? - ✔✔Discovery
(Rule 26)
✔✔What is the standard of proof for a criminal trial? - ✔✔Beyond a reasonable doubt
✔✔What is the standard of proof for a civil fraud trial? - ✔✔Clear and convincing
✔✔What is the standard of proof for a most civil trials - ✔✔Preponderance of the
evidence
, ✔✔In a civil case, what can be applied if there is no dispute over the facts resulting in
the judge making the verdict instead of a jury? - ✔✔Summary Judgement
-better for defense
-plaintiff wants jury so they can get sympathy
✔✔What is the key focuses on every state's medical practice acts? - ✔✔Patient Safety
✔✔What is included in each state's medical practice acts? - ✔✔Licensure and practice
standards
Discipline standards
✔✔What are the two ways you can get a state medical license? - ✔✔Examination
Reciprocity (from another state)
✔✔What rule says that the Dr. must provide information to the patient
(diagnosis,risks,expected benefits,alt treatment,costs and pain) that a reasonable
person would want before he/she makes a decision? - ✔✔Prudent Person Rule
✔✔Is it enough to just explain the procedure to the patient? - ✔✔NOPE
Get them to sign a consent form for any procedure with more than a slight risk of harm
to the patient
✔✔What is the key duty of the physician? - ✔✔Confidentiality
✔✔What state law covers a physician if he stops to help a stranger in an emergency
situation preventing them from being liable of malpractice damages? - ✔✔Good
Samartitan
✔✔What's it called when physicians are responsible for those who work under their
supervision for acts that occur within scope of employment? - ✔✔Respondeat Superior
(Thompson v Brent)
"Your are the thop and are reponsible for those below you"
✔✔What are the two key duties the physicians have to employees? - ✔✔Safety and
compensation
Also make sure they only do things they are legally allowed to
(Thompson v Brent)
