TEXAS JURISPRUDENCE EXAM QUESTIONS AND VERIFIED
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 certied?
Correct answer: No, board certied 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?
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 certied?
Correct answer: No, board certied 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?
