Texas Jurisprudence Questions and Answers
x x x x x
How can one terminate a physician-patient relationship, without abandonment, if
x x x x x x x x x
x there is ongoing treatment? - 30 days written notice, must provide for emergency
x x x x x x x x x x x x
What is "proximate cause"? - Prove that negligence caused harm and that the cause
x x x x x x x x x x x x x
x was not too remote; what is required to a hold a defendant liable in a civil lawsuit
x x x x x x x x x x x x x x x x
What are the two components of proximate cause? - Cause-in-fact (but-for test)
x x x x x x x x x x x
x and forseeability
x
In a medical malpractice setting, what two instances do not need expert testimony?
x x x x x x x x x x x x
- Res ipsa loquitur (e.g. amputation of wrong leg) and negligence per se (a law was
x x x x x x x x x x x x x x x
x broken)
Is there a cap to noneconomic damages? How much? - 250K for physicians, 500K
x x x x x x x x x x x x x
x for hospitals
x
If the claimants proportionate responsibility is more than what %, then he/she may
x x x x x x x x x x x x
x not recover damages? - If >50%, no damages awarded.
x x x x x x x x
How long is the statute of limitations for adults? For minors? - 2 years; for minors,
x x x x x x x x x x x x x x x
x 2 years after becoming 18yo
x x x x
In a criminal proceeding, is the physician-patient privilege communication
x x x x x x x x
x confidential? - No, except for mental health and substance abuse records; judicial
x x x x x x x x x x x
x ruling should be obtained. x x x
, What is "therapeutic privilege", when can it be used, who has access to the
x x x x x x x x x x x x x
x information, and what is the protocol the physician must follow? - If physician
x x x x x x x x x x x x
x thinks that information would be harmful to the patient, it can be withheld; in
x x x x x x x x x x x x x
x writing, copy in the chart; films or tests must be released to patient representative.
x x x x x x x x x x x x x
How many years does a physician have to keep records for adults? For minors? - 7
x x x x x x x x x x x x x x x
x years for adults; 7 years or until age 21 for minors; hospital must keep 10 years
x x x x x x x x x x x x x x x
Are substance abuse records admissible during criminal proceedings? - No, unless
x x x x x x x x x x
x the crime is extremely serious.
x x x x
Is HIV information confidential? - Yes.
x x x x x
Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV
x x x x x x x x x x x x x x
x positive? - Yes. x x
If a blood bank finds a donor with an infectious disease, can they call other blood
x x x x x x x x x x x x x x x
x banks and tell them the name of donor and the disease? - They can tell the name of
x x x x x x x x x x x x x x x x x
x donor, not disease. x x
What kind of crime is the unauthorized release of records? - Misdemeanor.
x x x x x x x x x x x
What does the Medical Practice Act regulate? - The practice of medicine by
x x x x x x x x x x x x
x MD/DOs, PAs, and acupuncturists. x x x
x x x x x
How can one terminate a physician-patient relationship, without abandonment, if
x x x x x x x x x
x there is ongoing treatment? - 30 days written notice, must provide for emergency
x x x x x x x x x x x x
What is "proximate cause"? - Prove that negligence caused harm and that the cause
x x x x x x x x x x x x x
x was not too remote; what is required to a hold a defendant liable in a civil lawsuit
x x x x x x x x x x x x x x x x
What are the two components of proximate cause? - Cause-in-fact (but-for test)
x x x x x x x x x x x
x and forseeability
x
In a medical malpractice setting, what two instances do not need expert testimony?
x x x x x x x x x x x x
- Res ipsa loquitur (e.g. amputation of wrong leg) and negligence per se (a law was
x x x x x x x x x x x x x x x
x broken)
Is there a cap to noneconomic damages? How much? - 250K for physicians, 500K
x x x x x x x x x x x x x
x for hospitals
x
If the claimants proportionate responsibility is more than what %, then he/she may
x x x x x x x x x x x x
x not recover damages? - If >50%, no damages awarded.
x x x x x x x x
How long is the statute of limitations for adults? For minors? - 2 years; for minors,
x x x x x x x x x x x x x x x
x 2 years after becoming 18yo
x x x x
In a criminal proceeding, is the physician-patient privilege communication
x x x x x x x x
x confidential? - No, except for mental health and substance abuse records; judicial
x x x x x x x x x x x
x ruling should be obtained. x x x
, What is "therapeutic privilege", when can it be used, who has access to the
x x x x x x x x x x x x x
x information, and what is the protocol the physician must follow? - If physician
x x x x x x x x x x x x
x thinks that information would be harmful to the patient, it can be withheld; in
x x x x x x x x x x x x x
x writing, copy in the chart; films or tests must be released to patient representative.
x x x x x x x x x x x x x
How many years does a physician have to keep records for adults? For minors? - 7
x x x x x x x x x x x x x x x
x years for adults; 7 years or until age 21 for minors; hospital must keep 10 years
x x x x x x x x x x x x x x x
Are substance abuse records admissible during criminal proceedings? - No, unless
x x x x x x x x x x
x the crime is extremely serious.
x x x x
Is HIV information confidential? - Yes.
x x x x x
Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV
x x x x x x x x x x x x x x
x positive? - Yes. x x
If a blood bank finds a donor with an infectious disease, can they call other blood
x x x x x x x x x x x x x x x
x banks and tell them the name of donor and the disease? - They can tell the name of
x x x x x x x x x x x x x x x x x
x donor, not disease. x x
What kind of crime is the unauthorized release of records? - Misdemeanor.
x x x x x x x x x x x
What does the Medical Practice Act regulate? - The practice of medicine by
x x x x x x x x x x x x
x MD/DOs, PAs, and acupuncturists. x x x
