TEXAS NURSING JURISPRUDENCE EXAM CHAPTER 1-4 (Q & A)

TEXAS NURSING JURISPRUDENCE EXAM CHAPTER 1-4 (Q & A) 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 ANSWERNo 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-infact (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 ANSWERYes, 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 ANSWERYes 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 When can a physician be charged with "assault and battery"? - CORRECT ANSWERUn-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment? - CORRECT ANSWERUnilateral cessation of treatment when continued treatment is necessary What is "strict liability"? - CORRECT ANSWER-Liability that does not depend on actual negligence, but that is based on a breach of a duty to make something safe. This often applies to product liability Are hospitals liable for the actions of a physician? - CORRECT ANSWER-No, unless the hospital employs the physician Who determines in a criminal case if the medical records of a patient should be released? - CORRECT ANSWER-Judge by inspection How many days do you have to release medical records to an attorney? - CORRECT ANSWER-45 days Can medical records be admitted as evidence in court? What are the requirements? - CORRECT ANSWER-Yes, but only with affidavit What are schedule 1, 2, 3, 4, 5 drugs? - CORRECT ANSWER-Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive What are dangerous drugs? - CORRECT ANSWER-Prescription drugs other than schedule 1-5 How many DEA registrations do you need if you prescribe drugs? dispense drugs? - CORRECT ANSWER-One to prescribe; a separate registration for each location where you dispense How often do you renew your DEA license? - CORRECT ANSWER-Every 3 years Can you move your office location and then change your DEA? - CORRECT ANSWERNo, need to change BEFORE move Is a DEA registration sufficient to prescribe drugs in Texas? - CORRECT ANSWER-No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration How often do you renew a DPS license? - CORRECT ANSWER-Yearly Do you have to display the DEA and DPS licenses? - CORRECT ANSWER-Not required by any statute. How many days do you have to notify the DPS of any change in your information (name, address, tel., etc.)? - CORRECT ANSWER-7 days Can you have your DPS suspended and keep your DEA or vice versa? - CORRECT ANSWER-No, they are interconnected For schedules 2-5 drugs, can you just put the number of pills on prescription? - CORRECT ANSWER-No, number and number spelled out Do you have to put intended use on prescription? - CORRECT ANSWER-Yes With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? - CORRECT ANSWER-7 days; only if the drug was already rx in the hospital What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? - CORRECT ANSWER-Official DPS form; no sticke