TEXAS JURISPRUDENCE EXAM |
QUESTIONS & ANSWERS (VERIFIED)
| LATEST UPDATE | GRADED A+
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
1
,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
2
,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
3
, Can the claimant have part of the proportional responsibility?
QUESTIONS & ANSWERS (VERIFIED)
| LATEST UPDATE | GRADED A+
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
1
,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
2
,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
3
, Can the claimant have part of the proportional responsibility?
