Texas Jurisprudence Exam chapter 1-4 with verified test Graded A+.

Texas Jurisprudence Exam chapter 1-4 with verified test Graded A+. Can a patient successfully sue a doctor if there is no physician-patient relationship? - correct answers.No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? - correct answers.No Does being on call give rise to a physician-patient relationship? - correct answers.No How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? - correct answers.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 answers.Yes What is "proximate cause"? - correct answers.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 answers.Cause-in-fact (but-for test) and foreseeability Does an expert witness have to be actively practicing medicine? - correct answers.Yes Does an expert witness have to know standards of care? - correct answers.Yes Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? - correct answers.Yes Does an expert witness have to be board certified? - correct answers.No, board certified or eqivalent In a medical malpractice case, are expert witnesses required? - correct answers.Yes, with two exceptions In a medical malpractice setting, what 2 instances do not need expert testimony? - correct answers.Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken) What are "exemplary damages"? - correct answers.Damages above compensatory designed to punish the defendant and deter the behavior Is there a cap to noneconomic damages? How much? - correct answers.$250,000 for physicians, $500,000 for hospitals Does the cap on noneconomic damage depend on the number of defendants or claimants? - correct answers.No What is "proportional responsibility"? - correct answers.Percentage of liability apportioned according to percentage of fault Can the claimant have part of the proportional responsibility? - correct answers.Yes If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? - correct answers.If > 50%, no damages awarded How long is the statute of limitations for adults? For minors? - correct answers.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 answers.File complaint—extra 60-day, notice letter extends statute by 75 days What is the statute of limitations for wrongful death? - correct answers.2 years What is the discovery rule? Give examples. - correct answers.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 answers.Yes, except gross negligence Is there immunity from civil action in volunteer care? - correct answers.Yes, except gross negligence When can a physician be charged with "assault and battery"? - correct answers.Un-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment? - correct answers.Unilateral cessation of treatment when continued treatment is necessary What is "strict liability"? - correct answers.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 answers.No, unless the hospital employs the physician Who determines in a criminal case if the medical records of a patient should be released? - correct answers.Judge by inspection How many days do you have to release medical records to an attorney? - correct answers.45 days Can medical records be admitted as evidence in court? What are the requirements? - correct answers.Yes, but only with affidavit What are schedule 1, 2, 3, 4, 5 drugs? - correct answers.Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive