TEXAS JURISPRUDENCE EXAM
QUESTIONS AND ANSWERS. VERIFIED
2025/2026.
Can a patient successfully sue a doctor if there is no physician-patient relationship? - ANS No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call
from a patient for treatment? - ANS No
Does being on call give rise to a physician-patient relationship? - ANS No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - ANS 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? -
ANS Yes
What is "proximate cause"? - ANS 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? - ANS Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? - ANS Yes
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,Does an expert witness have to know standards of care? - ANS Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - ANS Yes
Does an expert witness have to be board certified? - ANS No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? - ANS Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - ANS Res
ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - ANS Damages above compensatory designed to punish
the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - ANS $250,000 for physicians,
$500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
ANS No
What is "proportional responsibility"? - ANS Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? - ANS Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover
damages? - ANS If > 50%, no damages awarded
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,How long is the statute of limitations for adults? For minors? - ANS 2 years; for minors 2 years
after becoming 18 years of age
By how much can the statute of limitations be extended and how? - ANS File complaint—
extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - ANS 2 years
What is the discovery rule? Give examples. - ANS 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? - ANS Yes, except gross negligence
Is there immunity from civil action in volunteer care? - ANS Yes, except gross negligence
When can a physician be charged with "assault and battery"? - ANS Un-consented surgery or
examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - ANS Unilateral cessation of
treatment when continued treatment is necessary
What is "strict liability"? - ANS 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? - ANS No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a patient should be released? -
ANS Judge by inspection
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, How many days do you have to release medical records to an attorney? - ANS 45 days
Can medical records be admitted as evidence in court? What are the requirements? -
ANS Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANS Schedule 1—no known use (e.g., heroin);
schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? - ANS Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? - ANS One
to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - ANS Every 3 years
Can you move your office location and then change your DEA? - ANS No, need to change
BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? - ANS No, also need Department
of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - ANS Yearly
Do you have to display the DEA and DPS licenses? - ANS Not required by any statute.
How many days do you have to notify the DPS of any change in your information (name,
address, tel., etc.)? - ANS 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - ANS No, they are
interconnected
4 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
QUESTIONS AND ANSWERS. VERIFIED
2025/2026.
Can a patient successfully sue a doctor if there is no physician-patient relationship? - ANS No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call
from a patient for treatment? - ANS No
Does being on call give rise to a physician-patient relationship? - ANS No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - ANS 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? -
ANS Yes
What is "proximate cause"? - ANS 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? - ANS Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? - ANS Yes
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,Does an expert witness have to know standards of care? - ANS Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - ANS Yes
Does an expert witness have to be board certified? - ANS No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? - ANS Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - ANS Res
ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - ANS Damages above compensatory designed to punish
the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - ANS $250,000 for physicians,
$500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
ANS No
What is "proportional responsibility"? - ANS Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? - ANS Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover
damages? - ANS If > 50%, no damages awarded
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,How long is the statute of limitations for adults? For minors? - ANS 2 years; for minors 2 years
after becoming 18 years of age
By how much can the statute of limitations be extended and how? - ANS File complaint—
extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - ANS 2 years
What is the discovery rule? Give examples. - ANS 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? - ANS Yes, except gross negligence
Is there immunity from civil action in volunteer care? - ANS Yes, except gross negligence
When can a physician be charged with "assault and battery"? - ANS Un-consented surgery or
examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - ANS Unilateral cessation of
treatment when continued treatment is necessary
What is "strict liability"? - ANS 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? - ANS No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a patient should be released? -
ANS Judge by inspection
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, How many days do you have to release medical records to an attorney? - ANS 45 days
Can medical records be admitted as evidence in court? What are the requirements? -
ANS Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANS Schedule 1—no known use (e.g., heroin);
schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? - ANS Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? - ANS One
to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - ANS Every 3 years
Can you move your office location and then change your DEA? - ANS No, need to change
BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? - ANS No, also need Department
of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - ANS Yearly
Do you have to display the DEA and DPS licenses? - ANS Not required by any statute.
How many days do you have to notify the DPS of any change in your information (name,
address, tel., etc.)? - ANS 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - ANS No, they are
interconnected
4 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
