Texas Jurisprudence Questions & Answers, All Verified
Can a patient successfully sue a doctor if there is no physician-patient relationship?
- No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - No
Does being on call give rise to a physician-patient relationship? - No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment? - 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? - Yes
What is "proximate cause"? - 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? - Cause-in-fact (but-for test)
and foreseeability
Does an expert witness have to be actively practicing medicine? - Yes
Does an expert witness have to know standards of care? - Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - Yes
Does an expert witness have to be board certified? - No, board certified or
eqivalent
In a medical malpractice case, are expert witnesses required? - Yes, with two
exceptions
,In a medical malpractice setting, what 2 instances do not need expert testimony? -
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was
broken)
What are "exemplary damages"? - Damages above compensatory designed to
punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - $250,000 for physicians,
$500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? - No
What is "proportional responsibility"? - Percentage of liability apportioned
according to percentage of fault
Can the claimant have part of the proportional responsibility? - Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? - If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - 2 years; for minors
2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - File
complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - 2 years
What is the discovery rule? Give examples. - 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? - Yes, except gross
negligence
,Is there immunity from civil action in volunteer care? - Yes, except gross
negligence
When can a physician be charged with "assault and battery"? - Un-consented
surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Unilateral cessation
of treatment when continued treatment is necessary
What is "strict liability"? - 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? - No, unless the hospital
employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? - Judge by inspection
How many days do you have to release medical records to an attorney? - 45 days
Can medical records be admitted as evidence in court? What are the requirements?
- Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - Schedule 1—no known use (e.g., heroin);
schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? - Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
- One to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - Every 3 years
Can you move your office location and then change your DEA? - No, need to
change BEFORE move
, Is a DEA registration sufficient to prescribe drugs in Texas? - No, also need
Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - Yearly
Do you have to display the DEA and DPS licenses? - 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.)? - 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - No, they
are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? - No,
number and number spelled out
Do you have to put intended use on prescription? - Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the
hospital? - 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? - Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone? - Yes, for emergencies, and
only for the duration of emergency
How many days does the physician have to mail the schedule's emergency
prescription to the pharmacy? - 7 days
How many days does the patient have to fill schedule 2 prescriptions? - 7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? - No for
schedule 2. Max 5 refills for schedules 3-5.
Can a patient successfully sue a doctor if there is no physician-patient relationship?
- No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - No
Does being on call give rise to a physician-patient relationship? - No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment? - 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? - Yes
What is "proximate cause"? - 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? - Cause-in-fact (but-for test)
and foreseeability
Does an expert witness have to be actively practicing medicine? - Yes
Does an expert witness have to know standards of care? - Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - Yes
Does an expert witness have to be board certified? - No, board certified or
eqivalent
In a medical malpractice case, are expert witnesses required? - Yes, with two
exceptions
,In a medical malpractice setting, what 2 instances do not need expert testimony? -
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was
broken)
What are "exemplary damages"? - Damages above compensatory designed to
punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - $250,000 for physicians,
$500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? - No
What is "proportional responsibility"? - Percentage of liability apportioned
according to percentage of fault
Can the claimant have part of the proportional responsibility? - Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? - If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - 2 years; for minors
2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - File
complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? - 2 years
What is the discovery rule? Give examples. - 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? - Yes, except gross
negligence
,Is there immunity from civil action in volunteer care? - Yes, except gross
negligence
When can a physician be charged with "assault and battery"? - Un-consented
surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Unilateral cessation
of treatment when continued treatment is necessary
What is "strict liability"? - 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? - No, unless the hospital
employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? - Judge by inspection
How many days do you have to release medical records to an attorney? - 45 days
Can medical records be admitted as evidence in court? What are the requirements?
- Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - Schedule 1—no known use (e.g., heroin);
schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? - Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
- One to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? - Every 3 years
Can you move your office location and then change your DEA? - No, need to
change BEFORE move
, Is a DEA registration sufficient to prescribe drugs in Texas? - No, also need
Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - Yearly
Do you have to display the DEA and DPS licenses? - 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.)? - 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - No, they
are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? - No,
number and number spelled out
Do you have to put intended use on prescription? - Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the
hospital? - 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? - Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone? - Yes, for emergencies, and
only for the duration of emergency
How many days does the physician have to mail the schedule's emergency
prescription to the pharmacy? - 7 days
How many days does the patient have to fill schedule 2 prescriptions? - 7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? - No for
schedule 2. Max 5 refills for schedules 3-5.
