Texas Jurisprudence Exam (Already passed!!)

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 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