TEXAS JURISPRUDENCE EXAM PREP 2025–2026:
COMPREHENSIVE TERMS, QUESTIONS AND VERIFIED
ANSWERS
Can a patient successfully sue a doctor if there is no physician-patient
relationship? - CORRECT ANSWER ✅✅✅No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - CORRECT ANSWER
✅✅✅No
Does being on call give rise to a physician-patient relationship? - CORRECT
ANSWER ✅✅✅No
How can one terminate a physician-patient relationship, without abandonment
if there is ongoing treatment? - CORRECT 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? - CORRECT ANSWER ✅✅✅Yes
What is "proximate cause"? - CORRECT 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? - CORRECT ANSWER
✅✅✅Cause-in-fact (but-for test) and foreseeability
,Does an expert witness have to be actively practicing medicine? - CORRECT
ANSWER ✅✅✅Yes
Does an expert witness have to know standards of care? - CORRECT ANSWER
✅✅✅Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - CORRECT ANSWER ✅✅✅Yes
Does an expert witness have to be board certified? - CORRECT ANSWER
✅✅✅No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? - CORRECT
ANSWER ✅✅✅Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert
testimony? - CORRECT ANSWER ✅✅✅Res ipsa loquitur (e.g., amputation
of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - CORRECT ANSWER ✅✅✅Damages
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 ANSWER ✅✅✅No
,What is "proportional responsibility"? - CORRECT ANSWER
✅✅✅Percentage of liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? - CORRECT
ANSWER ✅✅✅Yes
If the claimant's proportionate responsibility is more than what %, he/she may
not recover damages? - CORRECT ANSWER ✅✅✅If > 50%, no damages
awarded
How long is the statute of limitations for adults? For minors? - CORRECT
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? - CORRECT
ANSWER ✅✅✅File complaint—extra 60-day, notice letter extends statute
by 75 days
What is the statute of limitations for wrongful death? - CORRECT ANSWER
✅✅✅2 years
What is the discovery rule? Give examples. - CORRECT 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? - CORRECT ANSWER
✅✅✅Yes, except gross negligence
Is there immunity from civil action in volunteer care? - CORRECT ANSWER
✅✅✅Yes, except gross negligence
, When can a physician be charged with "assault and battery"? - CORRECT
ANSWER ✅✅✅Un-consented surgery or examination or when exceeding
the scope of the consent
When can a physician be charged with patient abandonment? - CORRECT
ANSWER ✅✅✅Unilateral cessation of treatment when continued
treatment is necessary
What is "strict liability"? - CORRECT 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? - CORRECT ANSWER
✅✅✅No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? - CORRECT ANSWER ✅✅✅Judge by inspection
How many days do you have to release medical records to an attorney? -
CORRECT ANSWER ✅✅✅45 days
Can medical records be admitted as evidence in court? What are the
requirements? - CORRECT ANSWER ✅✅✅Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - CORRECT ANSWER ✅✅✅Schedule
1—no known use (e.g., heroin); schedule 2—very addictive (morphine,
cocaine); schedule 3-5—less addictive
COMPREHENSIVE TERMS, QUESTIONS AND VERIFIED
ANSWERS
Can a patient successfully sue a doctor if there is no physician-patient
relationship? - CORRECT ANSWER ✅✅✅No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - CORRECT ANSWER
✅✅✅No
Does being on call give rise to a physician-patient relationship? - CORRECT
ANSWER ✅✅✅No
How can one terminate a physician-patient relationship, without abandonment
if there is ongoing treatment? - CORRECT 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? - CORRECT ANSWER ✅✅✅Yes
What is "proximate cause"? - CORRECT 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? - CORRECT ANSWER
✅✅✅Cause-in-fact (but-for test) and foreseeability
,Does an expert witness have to be actively practicing medicine? - CORRECT
ANSWER ✅✅✅Yes
Does an expert witness have to know standards of care? - CORRECT ANSWER
✅✅✅Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - CORRECT ANSWER ✅✅✅Yes
Does an expert witness have to be board certified? - CORRECT ANSWER
✅✅✅No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? - CORRECT
ANSWER ✅✅✅Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert
testimony? - CORRECT ANSWER ✅✅✅Res ipsa loquitur (e.g., amputation
of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - CORRECT ANSWER ✅✅✅Damages
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 ANSWER ✅✅✅No
,What is "proportional responsibility"? - CORRECT ANSWER
✅✅✅Percentage of liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? - CORRECT
ANSWER ✅✅✅Yes
If the claimant's proportionate responsibility is more than what %, he/she may
not recover damages? - CORRECT ANSWER ✅✅✅If > 50%, no damages
awarded
How long is the statute of limitations for adults? For minors? - CORRECT
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? - CORRECT
ANSWER ✅✅✅File complaint—extra 60-day, notice letter extends statute
by 75 days
What is the statute of limitations for wrongful death? - CORRECT ANSWER
✅✅✅2 years
What is the discovery rule? Give examples. - CORRECT 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? - CORRECT ANSWER
✅✅✅Yes, except gross negligence
Is there immunity from civil action in volunteer care? - CORRECT ANSWER
✅✅✅Yes, except gross negligence
, When can a physician be charged with "assault and battery"? - CORRECT
ANSWER ✅✅✅Un-consented surgery or examination or when exceeding
the scope of the consent
When can a physician be charged with patient abandonment? - CORRECT
ANSWER ✅✅✅Unilateral cessation of treatment when continued
treatment is necessary
What is "strict liability"? - CORRECT 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? - CORRECT ANSWER
✅✅✅No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? - CORRECT ANSWER ✅✅✅Judge by inspection
How many days do you have to release medical records to an attorney? -
CORRECT ANSWER ✅✅✅45 days
Can medical records be admitted as evidence in court? What are the
requirements? - CORRECT ANSWER ✅✅✅Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - CORRECT ANSWER ✅✅✅Schedule
1—no known use (e.g., heroin); schedule 2—very addictive (morphine,
cocaine); schedule 3-5—less addictive
