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Terms in this set (551)
Can a patient successfully sue a doctor if No
there is no physician-patient relationship?
If there is no prior physician-patient No
relationship, are you legally obliged to
respond to a call from a patient for
treatment?
Does being on call give rise to a No
physician-patient relationship?
How can one terminate a physician- 30 days written notice; must provide for emergency
patient relationship, without
abandonment if there is ongoing
treatment?
Does a physician's duty extend to the Yes
unborn child or potential victims of an ill
patient?
Prove that negligence caused harm and that the cause was not too remote; what
What is "proximate cause"?
is required to hold a defendant liable in a civil lawsuit
What are the two components of Cause-in-fact (but-for test) and foreseeability
proximate cause?
Does an expert witness have to be Yes
actively practicing medicine?
Does an expert witness have to know Yes
standards of care?
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Does an expert witness have to have Yes
enough training to express an opinion on
whether standard of care was provided?
Does an expert witness have to be board No, board certified or eqivalent
certified?
In a medical malpractice case, are expert Yes, with two exceptions
witnesses required?
In a medical malpractice setting, what 2 Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was
instances do not need expert testimony? broken)
Damages above compensatory designed to punish the defendant and deter the
What are "exemplary damages"?
behavior
Is there a cap to noneconomic damages? $250,000 for physicians, $500,000 for hospitals
How much?
Does the cap on noneconomic damage No
depend on the number of defendants or
claimants?
What is "proportional responsibility"? Percentage of liability apportioned according to percentage of fault
Can the claimant have part of the Yes
proportional responsibility?
If the claimant's proportionate If > 50%, no damages awarded
responsibility is more than what %, he/she
may not recover damages?
How long is the statute of limitations for 2 years; for minors 2 years after becoming 18 years of age
adults? For minors?
By how much can the statute of limitations File complaint—extra 60-day, notice letter extends statute by 75 days
be extended and how?
What is the statute of limitations for 2 years
wrongful death?
What is the discovery rule? Give Statute does not begin until damage is discovered. For example, a retained
examples. sponge that is found 3 years post-op
Is there immunity from civil action in Yes, except gross negligence
emergency cases?
Is there immunity from civil action in Yes, except gross negligence
volunteer care?
When can a physician be charged with Un-consented surgery or examination or when exceeding the scope of the
"assault and battery"? consent
When can a physician be charged with Unilateral cessation of treatment when continued treatment is necessary
patient abandonment?
Liability that does not depend on actual negligence, but that is based on a breach
What is "strict liability"?
of a duty to make something safe. This often applies to product liability
Are hospitals liable for the actions of a No, unless the hospital employs the physician
physician?
Who determines in a criminal case if the Judge by inspection
medical records of a patient should be
released?
How many days do you have to release 45 days
medical records to an attorney?
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Can medical records be admitted as Yes, but only with affidavit
evidence in court? What are the
requirements?
Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine,
What are schedule 1, 2, 3, 4, 5 drugs?
cocaine); schedule 3-5—less addictive
What are dangerous drugs? Prescription drugs other than schedule 1-5
How many DEA registrations do you need One to prescribe; a separate registration for each location where you dispense
if you prescribe drugs? dispense drugs?
How often do you renew your DEA Every 3 years
license?
Can you move your office location and No, need to change BEFORE move
then change your DEA?
Is a DEA registration sufficient to No, also need Department of Public Safety Bureau of Narcotics and Dangerous
prescribe drugs in Texas? Drug registration
How often do you renew a DPS license? Yearly
Do you have to display the DEA and DPS Not required by any statute.
licenses?
How many days do you have to notify the 7 days
DPS of any change in your information
(name, address, tel., etc.)?
Can you have your DPS suspended and No, they are interconnected
keep your DEA or vice versa?
For schedules 2-5 drugs, can you just put No, number and number spelled out
the number of pills on prescription?
Do you have to put intended use on Yes
prescription?
With how many days of a schedule 2-5 7 days; only if the drug was already rx in the hospital
drug can a patient be discharged from
the hospital?
What kind of prescription pad do you Official DPS form; no stickers
need for schedule 2 drugs? Can you use
stickers?
Can a physician prescribe schedule 2 Yes, for emergencies, and only for the duration of emergency
over the phone?
How many days does the physician have 7 days
to mail the schedule's emergency
prescription to the pharmacy?
How many days does the patient have to 7 days
fill schedule 2 prescriptions?
Can you refill a schedule 2 prescription? No for schedule 2. Max 5 refills for schedules 3-5.
How about schedule 3-5?
Who can call in prescription from a Any qualified DESIGNATED person
physician's office?
Can they call in schedule 2? Only physician in emergencies
Can a physician prohibit substitutions for Yes
generics?
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From whom and how do you order Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form
schedule 2? Schedules 3-5? from wholesaler
What drugs do you need to keep records If dispensed in office, then all dangerous drugs, schedule drugs and samples;
on? How are the records kept? How separate records for schedule 1+2; inventory every 2 years; records are not
often do you need to do inventory? Do submitted; keep records for 2 years
you need to submit the records? How
long do you have to keep the last
inventory list?
Who can inspect your drugs? TMB, DPS, attorney general for the DEA
What is the method of ordering and Written and signed request by physician; must keep inventory and drug logs
accounting for drug samples?
Can you repackage samples? No
Do you need to keep records on Yes, just like other meds
samples?
Can a physician buy and rebottle? Any No, except for rural areas (less than 5000 population of town or 2500 of
exceptions? municipality, closest pharmacy > 15 miles)
To give anesthesia, how often do you Every 2 years
have to register with the board?
What life support competency do ACLS, PALS, or board-approved course
surgeons and anesthesiologists need?
How many and what competency levels At least 2 physicians with advanced competency
of healthcare providers do you need in all
settings?
How many days do you have to report 15 days
office-based anesthesia-related
complications?
What is considered an anesthesia-related Admission to hospital within 24 hours or death within 72 hours
complication?
Pain where cause of pain cannot be removed and where relief or cure has not
What is considered intractable pain?
been found
Can a hospital forbid a physician to give No
dangerous drugs or controlled
substances for treatment of intractable
pain?
Can the board take disciplinary action No
against a physician for giving dangerous
or controlled substances to a patient with
intractable pain?
Understanding between physician and patient about treatment; dose, type,
What must the physician document prior
frequency of medication; consultation with psychologist, psychiatrist, addictions
to treatment of intractable pain?
expert
Can you guarantee that a drug will work? No
Who can be part of a confidential Persons involved, furthering interest of the patient, and those participating in
communication? diagnosis or treatment, e.g., patients, doctors, translators, nurses, etc
Is the billing record confidential? No, billing record is NOT part of medical record
In a criminal proceeding, is the physician- NO (except for mental health records); judicial ruling should be obtained
patient privilege communication
confidential?
In a criminal proceeding, are records of Yes
alcohol and drug abuse confidential?
https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow
TEST BANK
Social Science Law Civil Law
(All LatestTexas
Versions Exams
Jurisprudence Exam Bundled Together)
8 studying now 4.5 (80 reviews)
Save
Students also studied
Flashcard sets Study guides Practice tests
Unit 3 Vocabulary Unit 4 - Contracts HR Law & Regulations Is t
Texas Jurisprudence Exam 600 Questions and
32 terms 85 terms 12 terms 9t
Answers
kennedy_devin_n Preview Jovani_Esquer Preview daisy_malik Preview
Terms in this set (551)
Can a patient successfully sue a doctor if No
there is no physician-patient relationship?
If there is no prior physician-patient No
relationship, are you legally obliged to
respond to a call from a patient for
treatment?
Does being on call give rise to a No
physician-patient relationship?
How can one terminate a physician- 30 days written notice; must provide for emergency
patient relationship, without
abandonment if there is ongoing
treatment?
Does a physician's duty extend to the Yes
unborn child or potential victims of an ill
patient?
Prove that negligence caused harm and that the cause was not too remote; what
What is "proximate cause"?
is required to hold a defendant liable in a civil lawsuit
What are the two components of Cause-in-fact (but-for test) and foreseeability
proximate cause?
Does an expert witness have to be Yes
actively practicing medicine?
Does an expert witness have to know Yes
standards of care?
https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow
,https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow
Does an expert witness have to have Yes
enough training to express an opinion on
whether standard of care was provided?
Does an expert witness have to be board No, board certified or eqivalent
certified?
In a medical malpractice case, are expert Yes, with two exceptions
witnesses required?
In a medical malpractice setting, what 2 Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was
instances do not need expert testimony? broken)
Damages above compensatory designed to punish the defendant and deter the
What are "exemplary damages"?
behavior
Is there a cap to noneconomic damages? $250,000 for physicians, $500,000 for hospitals
How much?
Does the cap on noneconomic damage No
depend on the number of defendants or
claimants?
What is "proportional responsibility"? Percentage of liability apportioned according to percentage of fault
Can the claimant have part of the Yes
proportional responsibility?
If the claimant's proportionate If > 50%, no damages awarded
responsibility is more than what %, he/she
may not recover damages?
How long is the statute of limitations for 2 years; for minors 2 years after becoming 18 years of age
adults? For minors?
By how much can the statute of limitations File complaint—extra 60-day, notice letter extends statute by 75 days
be extended and how?
What is the statute of limitations for 2 years
wrongful death?
What is the discovery rule? Give Statute does not begin until damage is discovered. For example, a retained
examples. sponge that is found 3 years post-op
Is there immunity from civil action in Yes, except gross negligence
emergency cases?
Is there immunity from civil action in Yes, except gross negligence
volunteer care?
When can a physician be charged with Un-consented surgery or examination or when exceeding the scope of the
"assault and battery"? consent
When can a physician be charged with Unilateral cessation of treatment when continued treatment is necessary
patient abandonment?
Liability that does not depend on actual negligence, but that is based on a breach
What is "strict liability"?
of a duty to make something safe. This often applies to product liability
Are hospitals liable for the actions of a No, unless the hospital employs the physician
physician?
Who determines in a criminal case if the Judge by inspection
medical records of a patient should be
released?
How many days do you have to release 45 days
medical records to an attorney?
https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow
,https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow
Can medical records be admitted as Yes, but only with affidavit
evidence in court? What are the
requirements?
Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine,
What are schedule 1, 2, 3, 4, 5 drugs?
cocaine); schedule 3-5—less addictive
What are dangerous drugs? Prescription drugs other than schedule 1-5
How many DEA registrations do you need One to prescribe; a separate registration for each location where you dispense
if you prescribe drugs? dispense drugs?
How often do you renew your DEA Every 3 years
license?
Can you move your office location and No, need to change BEFORE move
then change your DEA?
Is a DEA registration sufficient to No, also need Department of Public Safety Bureau of Narcotics and Dangerous
prescribe drugs in Texas? Drug registration
How often do you renew a DPS license? Yearly
Do you have to display the DEA and DPS Not required by any statute.
licenses?
How many days do you have to notify the 7 days
DPS of any change in your information
(name, address, tel., etc.)?
Can you have your DPS suspended and No, they are interconnected
keep your DEA or vice versa?
For schedules 2-5 drugs, can you just put No, number and number spelled out
the number of pills on prescription?
Do you have to put intended use on Yes
prescription?
With how many days of a schedule 2-5 7 days; only if the drug was already rx in the hospital
drug can a patient be discharged from
the hospital?
What kind of prescription pad do you Official DPS form; no stickers
need for schedule 2 drugs? Can you use
stickers?
Can a physician prescribe schedule 2 Yes, for emergencies, and only for the duration of emergency
over the phone?
How many days does the physician have 7 days
to mail the schedule's emergency
prescription to the pharmacy?
How many days does the patient have to 7 days
fill schedule 2 prescriptions?
Can you refill a schedule 2 prescription? No for schedule 2. Max 5 refills for schedules 3-5.
How about schedule 3-5?
Who can call in prescription from a Any qualified DESIGNATED person
physician's office?
Can they call in schedule 2? Only physician in emergencies
Can a physician prohibit substitutions for Yes
generics?
https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow
, https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow
From whom and how do you order Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form
schedule 2? Schedules 3-5? from wholesaler
What drugs do you need to keep records If dispensed in office, then all dangerous drugs, schedule drugs and samples;
on? How are the records kept? How separate records for schedule 1+2; inventory every 2 years; records are not
often do you need to do inventory? Do submitted; keep records for 2 years
you need to submit the records? How
long do you have to keep the last
inventory list?
Who can inspect your drugs? TMB, DPS, attorney general for the DEA
What is the method of ordering and Written and signed request by physician; must keep inventory and drug logs
accounting for drug samples?
Can you repackage samples? No
Do you need to keep records on Yes, just like other meds
samples?
Can a physician buy and rebottle? Any No, except for rural areas (less than 5000 population of town or 2500 of
exceptions? municipality, closest pharmacy > 15 miles)
To give anesthesia, how often do you Every 2 years
have to register with the board?
What life support competency do ACLS, PALS, or board-approved course
surgeons and anesthesiologists need?
How many and what competency levels At least 2 physicians with advanced competency
of healthcare providers do you need in all
settings?
How many days do you have to report 15 days
office-based anesthesia-related
complications?
What is considered an anesthesia-related Admission to hospital within 24 hours or death within 72 hours
complication?
Pain where cause of pain cannot be removed and where relief or cure has not
What is considered intractable pain?
been found
Can a hospital forbid a physician to give No
dangerous drugs or controlled
substances for treatment of intractable
pain?
Can the board take disciplinary action No
against a physician for giving dangerous
or controlled substances to a patient with
intractable pain?
Understanding between physician and patient about treatment; dose, type,
What must the physician document prior
frequency of medication; consultation with psychologist, psychiatrist, addictions
to treatment of intractable pain?
expert
Can you guarantee that a drug will work? No
Who can be part of a confidential Persons involved, furthering interest of the patient, and those participating in
communication? diagnosis or treatment, e.g., patients, doctors, translators, nurses, etc
Is the billing record confidential? No, billing record is NOT part of medical record
In a criminal proceeding, is the physician- NO (except for mental health records); judicial ruling should be obtained
patient privilege communication
confidential?
In a criminal proceeding, are records of Yes
alcohol and drug abuse confidential?
https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow https://www.stuvia.com/user/passnursingnow
