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 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 answer
Yes
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 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 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
Do you have to display the DEA and DPS licenses? correct answerNot required by any statute.
How many days do you have to notify the DPS of any change in your information (name, address, tel.,
etc.)? correct answer7 days
Can you have your DPS suspended and keep your DEA or vice versa? correct answerNo, they are
interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? correct answerNo, number
and number spelled out
Do you have to put intended use on prescription? correct answerYes
With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? correct
answer7 days; only if the drug was already rx in the hospital
What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? correct
answerOfficial DPS form; no stickers
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 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 answer
Yes
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 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 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
Do you have to display the DEA and DPS licenses? correct answerNot required by any statute.
How many days do you have to notify the DPS of any change in your information (name, address, tel.,
etc.)? correct answer7 days
Can you have your DPS suspended and keep your DEA or vice versa? correct answerNo, they are
interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? correct answerNo, number
and number spelled out
Do you have to put intended use on prescription? correct answerYes
With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? correct
answer7 days; only if the drug was already rx in the hospital
What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? correct
answerOfficial DPS form; no stickers
