Texas Jurisprudence Exam Questions & Answers

How can one terminate a physician-patient relationship, without abandonment, if there is ongoing treatment? - answer-30 days written notice, must provide for emergency What is "proximate cause"? - answer-Prove that negligence caused harm and that the cause was not too remote; what is required to a hold a defendant liable in a civil lawsuit What are the two components of proximate cause? - answer-Cause-in-fact (but-for test) and forseeability In a medical malpractice setting, what two instances do not need expert testimony? - answer-Res ipsa loquitur (e.g. amputation of wrong leg) and negligence per se (a law was broken) Is there a cap to noneconomic damages? How much? - answer-250K for physicians, 500K for hospitals If the claimants proportionate responsibility is more than what %, then 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 18yo In a criminal proceeding, is the physician-patient privilege communication confidential? - answer-No, except for mental health and substance abuse records; judicial ruling should be obtained