TEXAS NURSING JURISPRUDENCE EXAMPREP
2026 FULL SOLUTION STUDY GUIDE WITH
VERIFIED QUESTIONS AND ANSWERS GRADED
A+
● If there is no prior physician-patient relationship, are you legally
obliged to respond to a call from a patient for treatment? Answer: No
● Does being on call give rise to a physician-patient relationship?
Answer: No
● How can one terminate a physician-patient relationship, without
abandonment if there is ongoing treatment? 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? Answer: Yes
● What is "proximate cause"? 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? Answer: Cause-in-
fact (but-for test) and foreseeability
● Does an expert witness have to be actively practicing medicine?
Answer: Yes
● Does an expert witness have to know standards of care? Answer: Yes
● Does an expert witness have to have enough training to express an
opinion on whether standard of care was provided? Answer: Yes
● Does an expert witness have to be board certified? Answer: No, board
certified or eqivalent
● In a medical malpractice case, are expert witnesses required? Answer:
Yes, with two exceptions
● In a medical malpractice setting, what 2 instances do not need expert
testimony? Answer: Res ipsa loquitur (e.g., amputation of wrong leg)
and negligence per se (a law was broken)
● What are "exemplary damages"? Answer: Damages above
compensatory designed to punish the defendant and deter the behavior
,● Is there a cap to noneconomic damages? How much? Answer:
$250,000 for physicians, $500,000 for hospitals
● Does the cap on noneconomic damage depend on the number of
defendants or claimants? Answer: No
● What is "proportional responsibility"? Answer: Percentage of liability
apportioned according to percentage of fault
● Can the claimant have part of the proportional responsibility? Answer:
Yes
● If the claimant's proportionate responsibility is more than what %,
he/she may not recover damages? Answer: If > 50%, no damages
awarded
● How long is the statute of limitations for adults? For minors? 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?
Answer: File complaint—extra 60-day, notice letter extends statute by
75 days
● What is the statute of limitations for wrongful death? Answer: 2 years
, ● What is the discovery rule? Give examples. 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? Answer: Yes,
except gross negligence
● Is there immunity from civil action in volunteer care? Answer: Yes,
except gross negligence
● When can a physician be charged with "assault and battery"? Answer:
Un-consented surgery or examination or when exceeding the scope of
the consent
● When can a physician be charged with patient abandonment? Answer:
Unilateral cessation of treatment when continued treatment is necessary
● What is "strict liability"? 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? Answer: No, unless
the hospital employs the physician
2026 FULL SOLUTION STUDY GUIDE WITH
VERIFIED QUESTIONS AND ANSWERS GRADED
A+
● If there is no prior physician-patient relationship, are you legally
obliged to respond to a call from a patient for treatment? Answer: No
● Does being on call give rise to a physician-patient relationship?
Answer: No
● How can one terminate a physician-patient relationship, without
abandonment if there is ongoing treatment? 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? Answer: Yes
● What is "proximate cause"? 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? Answer: Cause-in-
fact (but-for test) and foreseeability
● Does an expert witness have to be actively practicing medicine?
Answer: Yes
● Does an expert witness have to know standards of care? Answer: Yes
● Does an expert witness have to have enough training to express an
opinion on whether standard of care was provided? Answer: Yes
● Does an expert witness have to be board certified? Answer: No, board
certified or eqivalent
● In a medical malpractice case, are expert witnesses required? Answer:
Yes, with two exceptions
● In a medical malpractice setting, what 2 instances do not need expert
testimony? Answer: Res ipsa loquitur (e.g., amputation of wrong leg)
and negligence per se (a law was broken)
● What are "exemplary damages"? Answer: Damages above
compensatory designed to punish the defendant and deter the behavior
,● Is there a cap to noneconomic damages? How much? Answer:
$250,000 for physicians, $500,000 for hospitals
● Does the cap on noneconomic damage depend on the number of
defendants or claimants? Answer: No
● What is "proportional responsibility"? Answer: Percentage of liability
apportioned according to percentage of fault
● Can the claimant have part of the proportional responsibility? Answer:
Yes
● If the claimant's proportionate responsibility is more than what %,
he/she may not recover damages? Answer: If > 50%, no damages
awarded
● How long is the statute of limitations for adults? For minors? 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?
Answer: File complaint—extra 60-day, notice letter extends statute by
75 days
● What is the statute of limitations for wrongful death? Answer: 2 years
, ● What is the discovery rule? Give examples. 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? Answer: Yes,
except gross negligence
● Is there immunity from civil action in volunteer care? Answer: Yes,
except gross negligence
● When can a physician be charged with "assault and battery"? Answer:
Un-consented surgery or examination or when exceeding the scope of
the consent
● When can a physician be charged with patient abandonment? Answer:
Unilateral cessation of treatment when continued treatment is necessary
● What is "strict liability"? 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? Answer: No, unless
the hospital employs the physician
