Texas Jurisprudence Actual Exam
Update 2024 | Texas Jurisprudence Exam
Latest Update 2024 Questions and
Correct Answers Rated A+
Can a patient successfully sue a doctor if there is no physician-patient
relationship? - ANSWER-No
If there is no prior physician-patient relationship, are you legally
obliged to respond to a call from a patient for treatment? - ANSWER-
No
Does being on call give rise to a physician-patient relationship? -
ANSWER-No
How can one terminate a physician-patient relationship, without
abandonment if there is ongoing treatment? - 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? - ANSWER-Yes
What is "proximate cause"? - 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? - ANSWER-
Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? -
ANSWER-Yes
Does an expert witness have to know standards of care? - ANSWER-
Yes
,Does an expert witness have to have enough training to express an
opinion on whether standard of care was provided? - ANSWER-Yes
Does an expert witness have to be board certified? - ANSWER-No,
board certified or eqivalent
In a medical malpractice case, are expert witnesses required? -
ANSWER-Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert
testimony? - ANSWER-Res ipsa loquitur (e.g., amputation of wrong
leg) and negligence per se (a law was broken)
What are "exemplary damages"? - ANSWER-Damages above
compensatory designed to punish the defendant and deter the
behavior
Is there a cap to noneconomic damages? How much? - ANSWER-
$250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of
defendants or claimants? - ANSWER-No
What is "proportional responsibility"? - ANSWER-Percentage of
liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? -
ANSWER-Yes
If the claimant's proportionate responsibility is more than what %,
he/she may not recover damages? - ANSWER-If > 50%, no damages
awarded
How long is the statute of limitations for adults? For minors? -
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? -
ANSWER-File complaint—extra 60-day, notice letter extends statute
by 75 days
What is the statute of limitations for wrongful death? - ANSWER-2
years
What is the discovery rule? Give examples. - 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? - ANSWER-
Yes, except gross negligence
Is there immunity from civil action in volunteer care? - ANSWER-Yes,
except gross negligence
When can a physician be charged with "assault and battery"? -
ANSWER-Un-consented surgery or examination or when exceeding
the scope of the consent
When can a physician be charged with patient abandonment? -
ANSWER-Unilateral cessation of treatment when continued treatment
is necessary
What is "strict liability"? - 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? - ANSWER-No,
unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient
should be released? - ANSWER-Judge by inspection
How many days do you have to release medical records to an
attorney? - ANSWER-45 days
, Can medical records be admitted as evidence in court? What are the
requirements? - ANSWER-Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER-Schedule 1—no
known use (e.g., heroin); schedule 2—very addictive (morphine,
cocaine); schedule 3-5—less addictive
What are dangerous drugs? - ANSWER-Prescription drugs other than
schedule 1-5
How many DEA registrations do you need if you prescribe drugs?
dispense drugs? - ANSWER-One to prescribe; a separate registration
for each location where you dispense
How often do you renew your DEA license? - ANSWER-Every 3 years
Can you move your office location and then change your DEA? -
ANSWER-No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? -
ANSWER-No, also need Department of Public Safety Bureau of
Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - ANSWER-Yearly
Do you have to display the DEA and DPS licenses? - 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.)? - ANSWER-7 days
Can you have your DPS suspended and keep your DEA or vice
versa? - ANSWER-No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on
prescription? - ANSWER-No, number and number spelled out
Update 2024 | Texas Jurisprudence Exam
Latest Update 2024 Questions and
Correct Answers Rated A+
Can a patient successfully sue a doctor if there is no physician-patient
relationship? - ANSWER-No
If there is no prior physician-patient relationship, are you legally
obliged to respond to a call from a patient for treatment? - ANSWER-
No
Does being on call give rise to a physician-patient relationship? -
ANSWER-No
How can one terminate a physician-patient relationship, without
abandonment if there is ongoing treatment? - 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? - ANSWER-Yes
What is "proximate cause"? - 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? - ANSWER-
Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? -
ANSWER-Yes
Does an expert witness have to know standards of care? - ANSWER-
Yes
,Does an expert witness have to have enough training to express an
opinion on whether standard of care was provided? - ANSWER-Yes
Does an expert witness have to be board certified? - ANSWER-No,
board certified or eqivalent
In a medical malpractice case, are expert witnesses required? -
ANSWER-Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert
testimony? - ANSWER-Res ipsa loquitur (e.g., amputation of wrong
leg) and negligence per se (a law was broken)
What are "exemplary damages"? - ANSWER-Damages above
compensatory designed to punish the defendant and deter the
behavior
Is there a cap to noneconomic damages? How much? - ANSWER-
$250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of
defendants or claimants? - ANSWER-No
What is "proportional responsibility"? - ANSWER-Percentage of
liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? -
ANSWER-Yes
If the claimant's proportionate responsibility is more than what %,
he/she may not recover damages? - ANSWER-If > 50%, no damages
awarded
How long is the statute of limitations for adults? For minors? -
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? -
ANSWER-File complaint—extra 60-day, notice letter extends statute
by 75 days
What is the statute of limitations for wrongful death? - ANSWER-2
years
What is the discovery rule? Give examples. - 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? - ANSWER-
Yes, except gross negligence
Is there immunity from civil action in volunteer care? - ANSWER-Yes,
except gross negligence
When can a physician be charged with "assault and battery"? -
ANSWER-Un-consented surgery or examination or when exceeding
the scope of the consent
When can a physician be charged with patient abandonment? -
ANSWER-Unilateral cessation of treatment when continued treatment
is necessary
What is "strict liability"? - 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? - ANSWER-No,
unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient
should be released? - ANSWER-Judge by inspection
How many days do you have to release medical records to an
attorney? - ANSWER-45 days
, Can medical records be admitted as evidence in court? What are the
requirements? - ANSWER-Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER-Schedule 1—no
known use (e.g., heroin); schedule 2—very addictive (morphine,
cocaine); schedule 3-5—less addictive
What are dangerous drugs? - ANSWER-Prescription drugs other than
schedule 1-5
How many DEA registrations do you need if you prescribe drugs?
dispense drugs? - ANSWER-One to prescribe; a separate registration
for each location where you dispense
How often do you renew your DEA license? - ANSWER-Every 3 years
Can you move your office location and then change your DEA? -
ANSWER-No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? -
ANSWER-No, also need Department of Public Safety Bureau of
Narcotics and Dangerous Drug registration
How often do you renew a DPS license? - ANSWER-Yearly
Do you have to display the DEA and DPS licenses? - 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.)? - ANSWER-7 days
Can you have your DPS suspended and keep your DEA or vice
versa? - ANSWER-No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on
prescription? - ANSWER-No, number and number spelled out
