Texas Jurisprudence Exam: Chap 1-4: Questions & Answers: Latest Updated A+ Guide

Can a patient successfully sue a doctor if there is no physician-patient relationship? (Ans- No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? (Ans- No Does being on call give rise to a physician-patient relationship? (Ans- No How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? (Ans- 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? (Ans- Yes What is "proximate cause"? (Ans- 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? (Ans- Cause-in-fact (but-for test) and foreseeability Does an expert witness have to be actively practicing medicine? (Ans- Yes Does an expert witness have to know standards of care? (Ans- Yes Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? (Ans- Yes Does an expert witness have to be board certified? (Ans- No, board certified or equivalent In a medical malpractice case, are expert witnesses required? (Ans- Yes, with two exceptions In a medical malpractice setting, what 2 instances do not need expert testimony? (Ans- Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken) What are "exemplary damages"? (Ans- Damages above compensatory designed to punish the defendant and deter the behavior Is there a cap to noneconomic damages? How much? (Ans- $250,000 for physicians, $500,000 for hospitals Does the cap on noneconomic damage depend on the number of defendants or claimants? (Ans- No What is "proportional responsibility"? (Ans- Percentage of liability apportioned according to percentage of fault Can the claimant have part of the proportional responsibility? (Ans- Yes