TEXAS JURISPRUDENCE DENTAL EXAM
QUESTIONS AND ANSWERS WITH SOLUTIONS
2025
Can a patient successfully sue a doctor if there is no
physician-patient relationship? - CORRECT ANSWER-No
If there is no prior physician-patient relationship, are you
legally obliged to respond to a call from a patient for
treatment? - CORRECT ANSWER-No
Does being on call give rise to a physician-patient
relationship? - CORRECT ANSWER-No
How can one terminate a physician-patient relationship,
without abandonment if there is ongoing treatment? -
CORRECT 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? - CORRECT ANSWER-Yes
What is "proximate cause"? - CORRECT 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? -
CORRECT ANSWER-Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing
medicine? - CORRECT ANSWER-Yes
Does an expert witness have to know standards of care? -
CORRECT ANSWER-Yes
Does an expert witness have to have enough training to
express an opinion on whether standard of care was
provided? - CORRECT ANSWER-Yes
Does an expert witness have to be board certified? -
CORRECT ANSWER-No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required?
- CORRECT ANSWER-Yes, with two exceptions
,In a medical malpractice setting, what 2 instances do not
need expert testimony? - CORRECT ANSWER-Res ipsa loquitur
(e.g., amputation of wrong leg) and negligence per se (a law
was broken)
What are "exemplary damages"? - CORRECT ANSWER-
Damages above compensatory designed to punish the
defendant and deter the behavior
Is there a cap to noneconomic damages? How much? -
CORRECT ANSWER-$250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the
number of defendants or claimants? - CORRECT ANSWER-No
What is "proportional responsibility"? - CORRECT ANSWER-
Percentage of liability apportioned according to percentage
of fault
Can the claimant have part of the proportional responsibility?
- CORRECT ANSWER-Yes
, If the claimant's proportionate responsibility is more than
what %, he/she may not recover damages? - CORRECT
ANSWER-If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? -
CORRECT 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? - CORRECT ANSWER-File complaint—extra 60-day,
notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? -
CORRECT ANSWER-2 years
What is the discovery rule? Give examples. - CORRECT
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? -
CORRECT ANSWER-Yes, except gross negligence
Is there immunity from civil action in volunteer care? -
CORRECT ANSWER-Yes, except gross negligence
QUESTIONS AND ANSWERS WITH SOLUTIONS
2025
Can a patient successfully sue a doctor if there is no
physician-patient relationship? - CORRECT ANSWER-No
If there is no prior physician-patient relationship, are you
legally obliged to respond to a call from a patient for
treatment? - CORRECT ANSWER-No
Does being on call give rise to a physician-patient
relationship? - CORRECT ANSWER-No
How can one terminate a physician-patient relationship,
without abandonment if there is ongoing treatment? -
CORRECT 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? - CORRECT ANSWER-Yes
What is "proximate cause"? - CORRECT 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? -
CORRECT ANSWER-Cause-in-fact (but-for test) and
foreseeability
Does an expert witness have to be actively practicing
medicine? - CORRECT ANSWER-Yes
Does an expert witness have to know standards of care? -
CORRECT ANSWER-Yes
Does an expert witness have to have enough training to
express an opinion on whether standard of care was
provided? - CORRECT ANSWER-Yes
Does an expert witness have to be board certified? -
CORRECT ANSWER-No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required?
- CORRECT ANSWER-Yes, with two exceptions
,In a medical malpractice setting, what 2 instances do not
need expert testimony? - CORRECT ANSWER-Res ipsa loquitur
(e.g., amputation of wrong leg) and negligence per se (a law
was broken)
What are "exemplary damages"? - CORRECT ANSWER-
Damages above compensatory designed to punish the
defendant and deter the behavior
Is there a cap to noneconomic damages? How much? -
CORRECT ANSWER-$250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the
number of defendants or claimants? - CORRECT ANSWER-No
What is "proportional responsibility"? - CORRECT ANSWER-
Percentage of liability apportioned according to percentage
of fault
Can the claimant have part of the proportional responsibility?
- CORRECT ANSWER-Yes
, If the claimant's proportionate responsibility is more than
what %, he/she may not recover damages? - CORRECT
ANSWER-If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? -
CORRECT 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? - CORRECT ANSWER-File complaint—extra 60-day,
notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? -
CORRECT ANSWER-2 years
What is the discovery rule? Give examples. - CORRECT
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? -
CORRECT ANSWER-Yes, except gross negligence
Is there immunity from civil action in volunteer care? -
CORRECT ANSWER-Yes, except gross negligence
