Texas State Medical Jurisprudence Exam 2025
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Terms in this set (551)
Can a patient No
successfully sue a doctor
if there is no physician-
patient relationship?
If there is no prior No
physician-patient
relationship, are you
legally obliged to
respond to a call from a
patient for treatment?
Does being on call give No
rise to a physician-patient
relationship?
How can one terminate a 30 days written notice; must provide for emergency
physician-patient
relationship, without
abandonment if there is
ongoing treatment?
Does a physician's duty Yes
extend to the unborn
child or potential victims
of an ill patient?
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Prove that negligence caused harm and that the
What is "proximate
cause was not too remote; what is required to hold
cause"?
a defendant liable in a civil lawsuit
What are the two Cause-in-fact (but-for test) and foreseeability
components of
proximate cause?
Does an expert witness Yes
have to be actively
practicing medicine?
Does an expert witness Yes
have to know standards
of care?
Does an expert witness Yes
have to have enough
training to express an
opinion on whether
standard of care was
provided?
Does an expert witness No, board certified or eqivalent
have to be board
certified?
In a medical malpractice Yes, with two exceptions
case, are expert
witnesses required?
In a medical malpractice Res ipsa loquitur (e.g., amputation of wrong leg) and
setting, what 2 instances negligence per se (a law was broken)
do not need expert
testimony?
What are "exemplary Damages above compensatory designed to punish
damages"? the defendant and deter the behavior
Is there a cap to $250,000 for physicians, $500,000 for hospitals
noneconomic damages?
How much?
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Does the cap on No
noneconomic damage
depend on the number
of defendants or
claimants?
What is "proportional Percentage of liability apportioned according to
responsibility"? percentage of fault
Can the claimant have Yes
part of the proportional
responsibility?
If the claimant's If > 50%, no damages awarded
proportionate
responsibility is more
than what %, he/she may
not recover damages?
How long is the statute of 2 years; for minors 2 years after becoming 18 years
limitations for adults? For of age
minors?
By how much can the File complaint—extra 60-day, notice letter extends
statute of limitations be statute by 75 days
extended and how?
What is the statute of 2 years
limitations for wrongful
death?
Statute does not begin until damage is discovered.
What is the discovery
For example, a retained sponge that is found 3 years
rule? Give examples.
post-op
Is there immunity from Yes, except gross negligence
civil action in emergency
cases?
Is there immunity from Yes, except gross negligence
civil action in volunteer
care?
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When can a physician be Un-consented surgery or examination or when
charged with "assault and exceeding the scope of the consent
battery"?
When can a physician be Unilateral cessation of treatment when continued
charged with patient treatment is necessary
abandonment?
Liability that does not depend on actual negligence,
What is "strict liability"? but that is based on a breach of a duty to make
something safe. This often applies to product liability
Are hospitals liable for No, unless the hospital employs the physician
the actions of a
physician?
Who determines in a Judge by inspection
criminal case if the
medical records of a
patient should be
released?
How many days do you 45 days
have to release medical
records to an attorney?
Can medical records be Yes, but only with affidavit
admitted as evidence in
court? What are the
requirements?
Schedule 1—no known use (e.g., heroin); schedule 2
What are schedule 1, 2, 3,
—very addictive (morphine, cocaine); schedule 3-5—
4, 5 drugs?
less addictive
What are dangerous Prescription drugs other than schedule 1-5
drugs?
How many DEA One to prescribe; a separate registration for each
registrations do you need location where you dispense
if you prescribe drugs?
dispense drugs?
How often do you renew Every 3 years
your DEA license?
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