TEXAS JURISPRUDENCE EXAM QUESTIONS
WITH ACCURATE ANSWERS
Can a patient successfully sue a doctor if there is no physician-patient relationship? - Accurate
answers No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call
from a patient for treatment? - Accurate answers No
Does being on call give rise to a physician-patient relationship? - Accurate answers No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - Accurate answers 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? -
Accurate answers Yes
What is "proximate cause"? - Accurate answers 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? - Accurate answers Cause-in-fact (but-
for test) and foreseeability
Does an expert witness have to be actively practicing medicine? - Accurate answers Yes
Does an expert witness have to know standards of care? - Accurate answers Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - Accurate answers Yes
Does an expert witness have to be board certified? - Accurate answers No, board certified
or eqivalent
In a medical malpractice case, are expert witnesses required? - Accurate answers Yes,
with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - Accurate
answers Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was
broken)
,What are "exemplary damages"? - Accurate answers Damages above compensatory
designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - Accurate answers $250,000 for
physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
Accurate answers No
What is "proportional responsibility"? - Accurate answers Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? - Accurate answers Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover
damages? - Accurate answers If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - Accurate answers 2 years;
for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - Accurate answers File
complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - Accurate answers 2 years
What is the discovery rule? Give examples. - Accurate answers 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? - Accurate answers Yes, except
gross negligence
Is there immunity from civil action in volunteer care? - Accurate answers Yes, except gross
negligence
When can a physician be charged with "assault and battery"? - Accurate answers Un-
consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Accurate answers
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"? - Accurate answers 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? - Accurate answers No, unless the
hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be released? -
Accurate answers Judge by inspection
How many days do you have to release medical records to an attorney? - Accurate answers
45 days
Can medical records be admitted as evidence in court? What are the requirements? -
Accurate answers Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - Accurate answers Schedule 1—no known use (e.g.,
heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? - Accurate answers Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? - Accurate
answers One to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - Accurate answers Every 3 years
Can you move your office location and then change your DEA? - Accurate answers No,
need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? - Accurate answers No, also
need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - Accurate answers Yearly
Do you have to display the DEA and DPS licenses? - Accurate answers 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.)? - Accurate answers 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - Accurate answers
No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? - Accurate
answers No, number and number spelled out
Do you have to put intended use on prescription? - Accurate answers Yes
, With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? -
Accurate answers 7 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? -
Accurate answers Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone? - Accurate answers Yes, for
emergencies, and only for the duration of emergency
How many days does the physician have to mail the schedule's emergency prescription to the
pharmacy? - Accurate answers 7 days
How many days does the patient have to fill schedule 2 prescriptions? - Accurate answers
7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? - Accurate answers No
for schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office? - Accurate answers Any qualified
DESIGNATED person
Can they call in schedule 2? - Accurate answers Only physician in emergencies
Can a physician prohibit substitutions for generics? - Accurate answers Yes
From whom and how do you order schedule 2? Schedules 3-5? - Accurate answers
Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from
wholesaler
What drugs do you need to keep records on? How are the records kept? How often do you
need to do inventory? Do you need to submit the records? How long do you have to keep the
last inventory list? - Accurate answers If dispensed in office, then all dangerous drugs,
schedule drugs and samples; separate records for schedule 1+2; inventory every 2 years;
records are not submitted; keep records for 2 years
Who can inspect your drugs? - Accurate answers TMB, DPS, attorney general for the DEA
What is the method of ordering and accounting for drug samples? - Accurate answers
Written and signed request by physician; must keep inventory and drug logs
Can you repackage samples? - Accurate answers No
Do you need to keep records on samples? - Accurate answers Yes, just like other meds
WITH ACCURATE ANSWERS
Can a patient successfully sue a doctor if there is no physician-patient relationship? - Accurate
answers No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call
from a patient for treatment? - Accurate answers No
Does being on call give rise to a physician-patient relationship? - Accurate answers No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - Accurate answers 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? -
Accurate answers Yes
What is "proximate cause"? - Accurate answers 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? - Accurate answers Cause-in-fact (but-
for test) and foreseeability
Does an expert witness have to be actively practicing medicine? - Accurate answers Yes
Does an expert witness have to know standards of care? - Accurate answers Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - Accurate answers Yes
Does an expert witness have to be board certified? - Accurate answers No, board certified
or eqivalent
In a medical malpractice case, are expert witnesses required? - Accurate answers Yes,
with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - Accurate
answers Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was
broken)
,What are "exemplary damages"? - Accurate answers Damages above compensatory
designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - Accurate answers $250,000 for
physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
Accurate answers No
What is "proportional responsibility"? - Accurate answers Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? - Accurate answers Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover
damages? - Accurate answers If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - Accurate answers 2 years;
for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - Accurate answers File
complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - Accurate answers 2 years
What is the discovery rule? Give examples. - Accurate answers 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? - Accurate answers Yes, except
gross negligence
Is there immunity from civil action in volunteer care? - Accurate answers Yes, except gross
negligence
When can a physician be charged with "assault and battery"? - Accurate answers Un-
consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Accurate answers
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"? - Accurate answers 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? - Accurate answers No, unless the
hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be released? -
Accurate answers Judge by inspection
How many days do you have to release medical records to an attorney? - Accurate answers
45 days
Can medical records be admitted as evidence in court? What are the requirements? -
Accurate answers Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - Accurate answers Schedule 1—no known use (e.g.,
heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? - Accurate answers Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? - Accurate
answers One to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - Accurate answers Every 3 years
Can you move your office location and then change your DEA? - Accurate answers No,
need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? - Accurate answers No, also
need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - Accurate answers Yearly
Do you have to display the DEA and DPS licenses? - Accurate answers 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.)? - Accurate answers 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - Accurate answers
No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? - Accurate
answers No, number and number spelled out
Do you have to put intended use on prescription? - Accurate answers Yes
, With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? -
Accurate answers 7 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? -
Accurate answers Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone? - Accurate answers Yes, for
emergencies, and only for the duration of emergency
How many days does the physician have to mail the schedule's emergency prescription to the
pharmacy? - Accurate answers 7 days
How many days does the patient have to fill schedule 2 prescriptions? - Accurate answers
7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? - Accurate answers No
for schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office? - Accurate answers Any qualified
DESIGNATED person
Can they call in schedule 2? - Accurate answers Only physician in emergencies
Can a physician prohibit substitutions for generics? - Accurate answers Yes
From whom and how do you order schedule 2? Schedules 3-5? - Accurate answers
Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from
wholesaler
What drugs do you need to keep records on? How are the records kept? How often do you
need to do inventory? Do you need to submit the records? How long do you have to keep the
last inventory list? - Accurate answers If dispensed in office, then all dangerous drugs,
schedule drugs and samples; separate records for schedule 1+2; inventory every 2 years;
records are not submitted; keep records for 2 years
Who can inspect your drugs? - Accurate answers TMB, DPS, attorney general for the DEA
What is the method of ordering and accounting for drug samples? - Accurate answers
Written and signed request by physician; must keep inventory and drug logs
Can you repackage samples? - Accurate answers No
Do you need to keep records on samples? - Accurate answers Yes, just like other meds
