JURISPRUDENCE FINAL PAPER COMPLETE
QUESTIONS WITH CORRECT ANSWERS
ALREADY PASSED
●● 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
●● Is there immunity from civil action in emergency cases?
Answer: Yes, except gross negligence
●● Is there immunity from civil action in volunteer care?
Answer: Yes, except gross negligence
●● When can a physician be charged with "assault and battery"?
Answer: Un-consented surgery or examination or when exceeding the
scope of the consent
QUESTIONS WITH CORRECT ANSWERS
ALREADY PASSED
●● 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
●● Is there immunity from civil action in emergency cases?
Answer: Yes, except gross negligence
●● Is there immunity from civil action in volunteer care?
Answer: Yes, except gross negligence
●● When can a physician be charged with "assault and battery"?
Answer: Un-consented surgery or examination or when exceeding the
scope of the consent
