Texas Jurisprudence Exam 2025/2026 |
Complete Study Guide with Verified Questions
& 100% Accurate Answers
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 Answer No
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-in-fact (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 Answer Yes, 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 Answer Yes
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 Answer Un-consented
surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Correct Answer Unilateral
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 Answer No, 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 stickers
Can a physician prescribe schedule 2 over the phone? - Correct Answer 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? - Correct Answer 7 days
How many days does the patient have to fill schedule 2 prescriptions? - Correct Answer 7
days
Can you refill a schedule 2 prescription? How about schedule 3-5? - Correct Answer No for
schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office? - Correct Answer Any qualified
DESIGNATED person
Can they call in schedule 2? - Correct Answer Only physician in emergencies
Can a physician prohibit substitutions for generics? - Correct Answer Yes
From whom and how do you order schedule 2? Schedules 3-5? - Correct Answer Schedule 2
on triplicate order form from distributor; schedules 3-5 regular form from wholesaler
What drugs do you need to keep records on? How are the records kept? How often do you
need to do inventory? Do you need to submit the records? How long do you have to keep the
last inventory list? - Correct Answer If dispensed in office, then all dangerous drugs, schedule
drugs and samples; separate records for schedule 1+2; inventory every 2 years; records are
not submitted; keep records for 2 years
Who can inspect your drugs? - Correct Answer TMB, DPS, attorney general for the DEA
What is the method of ordering and accounting for drug samples? - Correct Answer Written
and signed request by physician; must keep inventory and drug logs
Can you repackage samples? - Correct Answer No
Do you need to keep records on samples? - Correct Answer Yes, just like other meds
Can a physician buy and rebottle? Any exceptions? - Correct Answer No, except for rural
areas (less than 5000 population of town or 2500 of municipality, closest pharmacy > 15 miles)
To give anesthesia, how often do you have to register with the board? - Correct Answer
Every 2 years
What life support competency do surgeons and anesthesiologists need? - Correct Answer
ACLS, PALS, or board-approved course
How many and what competency levels of healthcare providers do you need in all settings? -
Correct Answer At least 2 physicians with advanced competency
How many days do you have to report office-based anesthesia-related complications? - Correct
Complete Study Guide with Verified Questions
& 100% Accurate Answers
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 Answer No
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-in-fact (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 Answer Yes, 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 Answer Yes
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 Answer Un-consented
surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? - Correct Answer Unilateral
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 Answer No, 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 stickers
Can a physician prescribe schedule 2 over the phone? - Correct Answer 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? - Correct Answer 7 days
How many days does the patient have to fill schedule 2 prescriptions? - Correct Answer 7
days
Can you refill a schedule 2 prescription? How about schedule 3-5? - Correct Answer No for
schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office? - Correct Answer Any qualified
DESIGNATED person
Can they call in schedule 2? - Correct Answer Only physician in emergencies
Can a physician prohibit substitutions for generics? - Correct Answer Yes
From whom and how do you order schedule 2? Schedules 3-5? - Correct Answer Schedule 2
on triplicate order form from distributor; schedules 3-5 regular form from wholesaler
What drugs do you need to keep records on? How are the records kept? How often do you
need to do inventory? Do you need to submit the records? How long do you have to keep the
last inventory list? - Correct Answer If dispensed in office, then all dangerous drugs, schedule
drugs and samples; separate records for schedule 1+2; inventory every 2 years; records are
not submitted; keep records for 2 years
Who can inspect your drugs? - Correct Answer TMB, DPS, attorney general for the DEA
What is the method of ordering and accounting for drug samples? - Correct Answer Written
and signed request by physician; must keep inventory and drug logs
Can you repackage samples? - Correct Answer No
Do you need to keep records on samples? - Correct Answer Yes, just like other meds
Can a physician buy and rebottle? Any exceptions? - Correct Answer No, except for rural
areas (less than 5000 population of town or 2500 of municipality, closest pharmacy > 15 miles)
To give anesthesia, how often do you have to register with the board? - Correct Answer
Every 2 years
What life support competency do surgeons and anesthesiologists need? - Correct Answer
ACLS, PALS, or board-approved course
How many and what competency levels of healthcare providers do you need in all settings? -
Correct Answer At least 2 physicians with advanced competency
How many days do you have to report office-based anesthesia-related complications? - Correct
