2026 TEXAS LPC JURISPRUDENCE ACTUAL FINAL
EXAM (TEXAS LICENSED PROFESSIONAL
COUNSELOR JURISPRUDENCE EXAM STUDY
CARDS) GRADED TO PASS!!
In a medical malpractice setting, what 2 instances do not need
expert testimony?
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per
se (a law was broken)
What are "exemplary damages"?
Damages above compensatory designed to punish the defendant
and deter the behavior
Is there a cap to noneconomic damages? How much?
$250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of
defendants or claimants?
No
What is "proportional responsibility"?
Percentage of liability apportioned according to percentage of fault
,How long is the statute of limitations for adults? For minors?
2 years; for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how?
File complaint—extra 60-day, notice letter extends statute by 75
days
What is the statute of limitations for wrongful death?
2 years
What is the discovery rule? Give examples.
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?
Yes, except gross negligence
,Is there immunity from civil action in volunteer care?
Yes, except gross negligence
When can a physician be charged with "assault and battery"?
Un-consented surgery or examination or when exceeding the
scope of the consent
When can a physician be charged with patient abandonment?
Unilateral cessation of treatment when continued treatment is
necessary
What is "strict liability"?
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?
No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a
patient should be released?
Judge by inspection
, How many days do you have to release medical records to an
attorney?
45 days
Can medical records be admitted as evidence in court? What are
the requirements?
Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs?
Schedule 1—no known use (e.g., heroin); schedule 2—very addictive
(morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs?
Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs?
dispense drugs?
One to prescribe; a separate registration for each location where
you dispense
How often do you renew your DEA license?
Every 3 years
EXAM (TEXAS LICENSED PROFESSIONAL
COUNSELOR JURISPRUDENCE EXAM STUDY
CARDS) GRADED TO PASS!!
In a medical malpractice setting, what 2 instances do not need
expert testimony?
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per
se (a law was broken)
What are "exemplary damages"?
Damages above compensatory designed to punish the defendant
and deter the behavior
Is there a cap to noneconomic damages? How much?
$250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of
defendants or claimants?
No
What is "proportional responsibility"?
Percentage of liability apportioned according to percentage of fault
,How long is the statute of limitations for adults? For minors?
2 years; for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how?
File complaint—extra 60-day, notice letter extends statute by 75
days
What is the statute of limitations for wrongful death?
2 years
What is the discovery rule? Give examples.
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?
Yes, except gross negligence
,Is there immunity from civil action in volunteer care?
Yes, except gross negligence
When can a physician be charged with "assault and battery"?
Un-consented surgery or examination or when exceeding the
scope of the consent
When can a physician be charged with patient abandonment?
Unilateral cessation of treatment when continued treatment is
necessary
What is "strict liability"?
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?
No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a
patient should be released?
Judge by inspection
, How many days do you have to release medical records to an
attorney?
45 days
Can medical records be admitted as evidence in court? What are
the requirements?
Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs?
Schedule 1—no known use (e.g., heroin); schedule 2—very addictive
(morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs?
Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs?
dispense drugs?
One to prescribe; a separate registration for each location where
you dispense
How often do you renew your DEA license?
Every 3 years
