TEXAS JURISPRUDENCE ACTUAL EXAM BANK |COMPLETE
QUESTIONS WITH 100% RATED EXPERT SOLUTIONS |2026 LATEST
UPDATED
Can a patient successfully sue a doctor if there is no physician-patient relationship?
- (answer)No
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
QUESTIONS WITH 100% RATED EXPERT SOLUTIONS |2026 LATEST
UPDATED
Can a patient successfully sue a doctor if there is no physician-patient relationship?
- (answer)No
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
