Texas Jurisprudence Exam Questions
and Answers55
Can a patient successfully sue a doctor if there is no physician-patient relationship? - ANSWERS-
No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call
from a patient for treatment? - ANSWERS-No
Does being on call give rise to a physician-patient relationship? - ANSWERS-No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - 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? -
ANSWERS-Yes
What is "proximate cause"? - 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? - ANSWERS-Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? - ANSWERS-Yes
Does an expert witness have to know standards of care? - ANSWERS-Yes
,Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - ANSWERS-Yes
Does an expert witness have to be board certified? - ANSWERS-No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? - ANSWERS-Yes, with two
exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - ANSWERS-
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - ANSWERS-Damages above compensatory designed to punish
the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - ANSWERS-$250,000 for physicians,
$500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
ANSWERS-No
What is "proportional responsibility"? - ANSWERS-Percentage of liability apportioned according
to percentage of fault
Can the claimant have part of the proportional responsibility? - ANSWERS-Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover
damages? - ANSWERS-If > 50%, no damages awarded
,How long is the statute of limitations for adults? For minors? - 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? - ANSWERS-File complaint—
extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - ANSWERS-2 years
What is the discovery rule? Give examples. - 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? - ANSWERS-Yes, except gross negligence
Is there immunity from civil action in volunteer care? - ANSWERS-Yes, except gross negligence
When can a physician be charged with "assault and battery"? - ANSWERS-Un-consented surgery
or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - ANSWERS-Unilateral cessation
of treatment when continued treatment is necessary
What is "strict liability"? - 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? - ANSWERS-No, unless the hospital employs
the physician
, Who determines in a criminal case if the medical records of a patient should be released? -
ANSWERS-Judge by inspection
How many days do you have to release medical records to an attorney? - ANSWERS-45 days
Can medical records be admitted as evidence in court? What are the requirements? - ANSWERS-
Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWERS-Schedule 1—no known use (e.g., heroin);
schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? - ANSWERS-Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? - ANSWERS-
One to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - ANSWERS-Every 3 years
Can you move your office location and then change your DEA? - ANSWERS-No, need to change
BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? - ANSWERS-No, also need
Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - ANSWERS-Yearly
Do you have to display the DEA and DPS licenses? - ANSWERS-Not required by any statute.
and Answers55
Can a patient successfully sue a doctor if there is no physician-patient relationship? - ANSWERS-
No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call
from a patient for treatment? - ANSWERS-No
Does being on call give rise to a physician-patient relationship? - ANSWERS-No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - 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? -
ANSWERS-Yes
What is "proximate cause"? - 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? - ANSWERS-Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing medicine? - ANSWERS-Yes
Does an expert witness have to know standards of care? - ANSWERS-Yes
,Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - ANSWERS-Yes
Does an expert witness have to be board certified? - ANSWERS-No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? - ANSWERS-Yes, with two
exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - ANSWERS-
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? - ANSWERS-Damages above compensatory designed to punish
the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - ANSWERS-$250,000 for physicians,
$500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
ANSWERS-No
What is "proportional responsibility"? - ANSWERS-Percentage of liability apportioned according
to percentage of fault
Can the claimant have part of the proportional responsibility? - ANSWERS-Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover
damages? - ANSWERS-If > 50%, no damages awarded
,How long is the statute of limitations for adults? For minors? - 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? - ANSWERS-File complaint—
extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - ANSWERS-2 years
What is the discovery rule? Give examples. - 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? - ANSWERS-Yes, except gross negligence
Is there immunity from civil action in volunteer care? - ANSWERS-Yes, except gross negligence
When can a physician be charged with "assault and battery"? - ANSWERS-Un-consented surgery
or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - ANSWERS-Unilateral cessation
of treatment when continued treatment is necessary
What is "strict liability"? - 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? - ANSWERS-No, unless the hospital employs
the physician
, Who determines in a criminal case if the medical records of a patient should be released? -
ANSWERS-Judge by inspection
How many days do you have to release medical records to an attorney? - ANSWERS-45 days
Can medical records be admitted as evidence in court? What are the requirements? - ANSWERS-
Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWERS-Schedule 1—no known use (e.g., heroin);
schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? - ANSWERS-Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? - ANSWERS-
One to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - ANSWERS-Every 3 years
Can you move your office location and then change your DEA? - ANSWERS-No, need to change
BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? - ANSWERS-No, also need
Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - ANSWERS-Yearly
Do you have to display the DEA and DPS licenses? - ANSWERS-Not required by any statute.
