Texas Jurisprudence Exam Questions and Answers 100% Pass

Texas Jurisprudence Exam Questions and Answers 100% Pass Can a patient successfully sue a doctor if there is no physician-patient relationship? - Answer- No 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