TEXAS MEDICAL JURISPRUDENCE EXAMINATION SET 2025
QUESTIONS WITH ANSWERS RATED A+
✔✔summary judgment - ✔✔no trial; judge decides
✔✔jury trial - ✔✔hopes sympathy will affect jury
✔✔reasons a medical license can be revoked - ✔✔abuse, fraud, alcohol/drugs
✔✔prudent person rule - ✔✔physician must provide information to a patient that a
reasonable, prudent person would want before he/she makes a decision about
treatment
✔✔respondeat superior - ✔✔employer is responsible for acts of employees
✔✔5 parts of an incidence report - ✔✔1. signed
2. dated
3. factual
4. 5 W's
5. keep confidential
✔✔what do physicians have to do if they want to be in medicare/medicaid - ✔✔have
electronic medical records
✔✔medicare - ✔✔federal - elderly/some disabled
✔✔medicaid - ✔✔state - poor
✔✔tricare - ✔✔military
✔✔S corporation - ✔✔passes income through to owners and owners pay income tax
✔✔C corporation - ✔✔pays the taxes, then dividend paid to shareholders (shareholders
are taxed again)
✔✔can a parent refuse treatment for their child? - ✔✔no
✔✔what are some things minors don't need parental consent for (in some states) -
✔✔pregnancy issues, birth control, abortion, STDs, substance abuse, psych care
✔✔advance directives - ✔✔written statements which state the type and amount of care
requested during a terminal illness and as death approaches
, ✔✔durable power of attorney - ✔✔allows patient to select a representative to act on
their behalf
✔✔res ipsa locquitor - ✔✔clear wrongdoing with no fault of patient (ex: wrong limb
amputated during surgery)
✔✔number 1 cause of malpractice - ✔✔breakdown in physician/patient communication
✔✔statute of limitations: discovery rule - ✔✔time may not start until the problem is
discovered or should have been discovered
✔✔statute of limitations: tolling - ✔✔time may not start until minor patient reaches age
18
✔✔compensatory damges - ✔✔for actual loss of income, emotional pain and suffering,
injury (future included)
✔✔punitive damges - ✔✔for someone harmed in a particularly malicious or willful way -
to serve as punishment
✔✔nominal damges - ✔✔slight payment to show the plaintiff's rights were violated
✔✔contributory negligence - ✔✔plaintiff's conduct contributed to the cause of injury
✔✔res judicata - ✔✔case decided in another lawsuit
✔✔federal laws are enforced by - ✔✔HHS/OIG
✔✔False Claims Act - ✔✔protects the government from being overcharged or sold
deficient goods or services
✔✔Anti-Kickback Statute - ✔✔criminal law that prohibits knowing and willful payment of
remuneration induce or reward patient referrals payable by a federal health care
program
✔✔Physician Self Referral Law (Stark Act) - ✔✔no patient referrals by physicians to
receive designated health services payable by Medicare/caid from entities where the
physician or an immediate family member has a financial relationship
✔✔exceptions to Stark Act - ✔✔"safe harbors"
✔✔phantom billing - ✔✔billing for services that were not provided
QUESTIONS WITH ANSWERS RATED A+
✔✔summary judgment - ✔✔no trial; judge decides
✔✔jury trial - ✔✔hopes sympathy will affect jury
✔✔reasons a medical license can be revoked - ✔✔abuse, fraud, alcohol/drugs
✔✔prudent person rule - ✔✔physician must provide information to a patient that a
reasonable, prudent person would want before he/she makes a decision about
treatment
✔✔respondeat superior - ✔✔employer is responsible for acts of employees
✔✔5 parts of an incidence report - ✔✔1. signed
2. dated
3. factual
4. 5 W's
5. keep confidential
✔✔what do physicians have to do if they want to be in medicare/medicaid - ✔✔have
electronic medical records
✔✔medicare - ✔✔federal - elderly/some disabled
✔✔medicaid - ✔✔state - poor
✔✔tricare - ✔✔military
✔✔S corporation - ✔✔passes income through to owners and owners pay income tax
✔✔C corporation - ✔✔pays the taxes, then dividend paid to shareholders (shareholders
are taxed again)
✔✔can a parent refuse treatment for their child? - ✔✔no
✔✔what are some things minors don't need parental consent for (in some states) -
✔✔pregnancy issues, birth control, abortion, STDs, substance abuse, psych care
✔✔advance directives - ✔✔written statements which state the type and amount of care
requested during a terminal illness and as death approaches
, ✔✔durable power of attorney - ✔✔allows patient to select a representative to act on
their behalf
✔✔res ipsa locquitor - ✔✔clear wrongdoing with no fault of patient (ex: wrong limb
amputated during surgery)
✔✔number 1 cause of malpractice - ✔✔breakdown in physician/patient communication
✔✔statute of limitations: discovery rule - ✔✔time may not start until the problem is
discovered or should have been discovered
✔✔statute of limitations: tolling - ✔✔time may not start until minor patient reaches age
18
✔✔compensatory damges - ✔✔for actual loss of income, emotional pain and suffering,
injury (future included)
✔✔punitive damges - ✔✔for someone harmed in a particularly malicious or willful way -
to serve as punishment
✔✔nominal damges - ✔✔slight payment to show the plaintiff's rights were violated
✔✔contributory negligence - ✔✔plaintiff's conduct contributed to the cause of injury
✔✔res judicata - ✔✔case decided in another lawsuit
✔✔federal laws are enforced by - ✔✔HHS/OIG
✔✔False Claims Act - ✔✔protects the government from being overcharged or sold
deficient goods or services
✔✔Anti-Kickback Statute - ✔✔criminal law that prohibits knowing and willful payment of
remuneration induce or reward patient referrals payable by a federal health care
program
✔✔Physician Self Referral Law (Stark Act) - ✔✔no patient referrals by physicians to
receive designated health services payable by Medicare/caid from entities where the
physician or an immediate family member has a financial relationship
✔✔exceptions to Stark Act - ✔✔"safe harbors"
✔✔phantom billing - ✔✔billing for services that were not provided
