TEXAS MEDICAL JURISPRUDENCE FINAL PAPER 2025
QUESTIONS WITH ANSWERS RATED A+
✔✔what is negligent misrepresentation? - ✔✔physician is misrepresenting there skills
or overqualifing themselves- must tell the facts that you know
✔✔what are some examples of intentional torts - ✔✔1. Assault
2. Battery (includes procedures without consent)
3. False imprisonment
4. Defamation/slander
5. Invasion of privacy
- False light/misappropriation/intrusion
6. Fraud
Patients
Government
Others
✔✔what is an example of battery? - ✔✔is the use of force against another causing
harm with contact even if the harm was not intended - performing a procedure without a
consent form filled out
✔✔what is a common invasion of privacy? - ✔✔taking photo of pt without consent
✔✔what are the 4 thing we need to form a valid and enforceable contract? - ✔✔a. Offer
b. Acceptance
c. Consideration- both parties must give something up or have a detriment to enter into
the contract
d. Meeting of the minds/legal commitment- there is mutual agreement as to the terms of
the contract
✔✔what are the types of contracts that can be enforceable by the law? - ✔✔a. Written
b. Oral (so no written contract is required)
c. Quasi (equitable estoppel - to prevent injustice when one is benefitted but there is no
valid contract)
✔✔what is one of the easiest ways for a physician to breach a contract? - ✔✔patient
abandonment
✔✔what are 3 things that a physician- patients contract has? - ✔✔an agreement to pay
for services for as long as they are received by the patient
truthful disclosure of conditions by the patient
an agreement to provide services by the physician
,✔✔what is criminal law? - ✔✔people vs us (constitutional rights in play)
✔✔what is administrative law? - ✔✔civil side of public law: enforcement of regulations
State licensing and regulations; CME; discipline
Administrative Law Judge (ALJ) hearings
✔✔what is due process? - ✔✔notice and the right to be heard
✔✔what is equal protection? - ✔✔all are treated equally under the law
✔✔what is jurisdiction? - ✔✔subject matter and personal
✔✔what is venue? - ✔✔where the case can be heard
✔✔who does the indication for criminal cases? - ✔✔grand jury and preliminary hearing
✔✔who does the indication for civil cases? - ✔✔summon and complain
✔✔what happens in summary judgement? - ✔✔Some civil cases summary judgement
is requested because there is no dispute about what happen but how the law should be
applied to those facts
If summary judgement is granted there is no trail and the judge decides
Defence prefers a summary judgement and the plantiff (the one who brought the case
prefers) a jury trail because they will sometimes get sympathy from a jury
✔✔who prefers a summary judgment? - ✔✔Some civil cases summary judgement is
requested because there is no dispute about what happen but how the law should be
applied to those facts
If summary judgement is granted there is no trail and the judge decides
Defence prefers a summary judgement and the plantiff (the one who brought the case
prefers) a jury trail because they will sometimes get sympathy from a jury
✔✔who prefers a jury trail? - ✔✔Some civil cases summary judgement is requested
because there is no dispute about what happen but how the law should be applied to
those facts
If summary judgement is granted there is no trail and the judge decides
Defence prefers a summary judgement and the plantiff (the one who brought the case
prefers) a jury trail because they will sometimes get sympathy from a jury
✔✔what are they key knock outs for initial license? - ✔✔1. abuse
2. fraud
3. impairment (OH or dx)
, ✔✔what did the medical practice act set up? - ✔✔licensure, practices and standards
(separate for MD and DO but basically the same)
✔✔what is reciprocity? - ✔✔the practice of exchanging things with others for mutual
benefit, especially privileges granted by one country or organization to another.
✔✔what is prudent person rule? - ✔✔physician must provide information to a patient
that a reasonable, prudent person would want before he/she makes a decision about
treatment (aka "reasonable person standard)
Need to tell patients: diagnosis, risks, expected benefits, alternative treatments, costs
(including pain and recovery)
✔✔when should an informed consent paper be filled out? - ✔✔Any procedure with more
than a slight risk of harm to the patient
✔✔what is the good samaritan act? - ✔✔no duty; but be careful once you start; partial
defense only
✔✔what is respondeat superior? - ✔✔Physicians are responsible for those who work
under their supervision for acts that occur within scope of employment aka "Respondeat
Superior"
✔✔what are the 2 key duties for employees? - ✔✔safety and compensation
✔✔what is risk management? - ✔✔a practice to control or minimize the incidence of
problem behavior that can lead to injury to patients and employees
― strives to reduce risk of liability for the physician/employer
― problems are identified and plans are formulated to eliminate them
✔✔what were the 2 mandates in the ACA? - ✔✔Was an effort to provide health
insurance to the 47 million uninsured Americans (1 in 7)
mandates include: get health insurance; physicians must have electronic medical
records (EMR) if they want to be in Medicare/Medicaid
NOTE : didn't require all americans to be insured
✔✔with the ACA can preexisting medical conditions be used to deny coverage for
children and adults? - ✔✔NO
✔✔are all americans required to have health insurance? - ✔✔NO
People below the national poverty limit or below the threshold level for having to file a
tax return are not required to purchase health insurance
QUESTIONS WITH ANSWERS RATED A+
✔✔what is negligent misrepresentation? - ✔✔physician is misrepresenting there skills
or overqualifing themselves- must tell the facts that you know
✔✔what are some examples of intentional torts - ✔✔1. Assault
2. Battery (includes procedures without consent)
3. False imprisonment
4. Defamation/slander
5. Invasion of privacy
- False light/misappropriation/intrusion
6. Fraud
Patients
Government
Others
✔✔what is an example of battery? - ✔✔is the use of force against another causing
harm with contact even if the harm was not intended - performing a procedure without a
consent form filled out
✔✔what is a common invasion of privacy? - ✔✔taking photo of pt without consent
✔✔what are the 4 thing we need to form a valid and enforceable contract? - ✔✔a. Offer
b. Acceptance
c. Consideration- both parties must give something up or have a detriment to enter into
the contract
d. Meeting of the minds/legal commitment- there is mutual agreement as to the terms of
the contract
✔✔what are the types of contracts that can be enforceable by the law? - ✔✔a. Written
b. Oral (so no written contract is required)
c. Quasi (equitable estoppel - to prevent injustice when one is benefitted but there is no
valid contract)
✔✔what is one of the easiest ways for a physician to breach a contract? - ✔✔patient
abandonment
✔✔what are 3 things that a physician- patients contract has? - ✔✔an agreement to pay
for services for as long as they are received by the patient
truthful disclosure of conditions by the patient
an agreement to provide services by the physician
,✔✔what is criminal law? - ✔✔people vs us (constitutional rights in play)
✔✔what is administrative law? - ✔✔civil side of public law: enforcement of regulations
State licensing and regulations; CME; discipline
Administrative Law Judge (ALJ) hearings
✔✔what is due process? - ✔✔notice and the right to be heard
✔✔what is equal protection? - ✔✔all are treated equally under the law
✔✔what is jurisdiction? - ✔✔subject matter and personal
✔✔what is venue? - ✔✔where the case can be heard
✔✔who does the indication for criminal cases? - ✔✔grand jury and preliminary hearing
✔✔who does the indication for civil cases? - ✔✔summon and complain
✔✔what happens in summary judgement? - ✔✔Some civil cases summary judgement
is requested because there is no dispute about what happen but how the law should be
applied to those facts
If summary judgement is granted there is no trail and the judge decides
Defence prefers a summary judgement and the plantiff (the one who brought the case
prefers) a jury trail because they will sometimes get sympathy from a jury
✔✔who prefers a summary judgment? - ✔✔Some civil cases summary judgement is
requested because there is no dispute about what happen but how the law should be
applied to those facts
If summary judgement is granted there is no trail and the judge decides
Defence prefers a summary judgement and the plantiff (the one who brought the case
prefers) a jury trail because they will sometimes get sympathy from a jury
✔✔who prefers a jury trail? - ✔✔Some civil cases summary judgement is requested
because there is no dispute about what happen but how the law should be applied to
those facts
If summary judgement is granted there is no trail and the judge decides
Defence prefers a summary judgement and the plantiff (the one who brought the case
prefers) a jury trail because they will sometimes get sympathy from a jury
✔✔what are they key knock outs for initial license? - ✔✔1. abuse
2. fraud
3. impairment (OH or dx)
, ✔✔what did the medical practice act set up? - ✔✔licensure, practices and standards
(separate for MD and DO but basically the same)
✔✔what is reciprocity? - ✔✔the practice of exchanging things with others for mutual
benefit, especially privileges granted by one country or organization to another.
✔✔what is prudent person rule? - ✔✔physician must provide information to a patient
that a reasonable, prudent person would want before he/she makes a decision about
treatment (aka "reasonable person standard)
Need to tell patients: diagnosis, risks, expected benefits, alternative treatments, costs
(including pain and recovery)
✔✔when should an informed consent paper be filled out? - ✔✔Any procedure with more
than a slight risk of harm to the patient
✔✔what is the good samaritan act? - ✔✔no duty; but be careful once you start; partial
defense only
✔✔what is respondeat superior? - ✔✔Physicians are responsible for those who work
under their supervision for acts that occur within scope of employment aka "Respondeat
Superior"
✔✔what are the 2 key duties for employees? - ✔✔safety and compensation
✔✔what is risk management? - ✔✔a practice to control or minimize the incidence of
problem behavior that can lead to injury to patients and employees
― strives to reduce risk of liability for the physician/employer
― problems are identified and plans are formulated to eliminate them
✔✔what were the 2 mandates in the ACA? - ✔✔Was an effort to provide health
insurance to the 47 million uninsured Americans (1 in 7)
mandates include: get health insurance; physicians must have electronic medical
records (EMR) if they want to be in Medicare/Medicaid
NOTE : didn't require all americans to be insured
✔✔with the ACA can preexisting medical conditions be used to deny coverage for
children and adults? - ✔✔NO
✔✔are all americans required to have health insurance? - ✔✔NO
People below the national poverty limit or below the threshold level for having to file a
tax return are not required to purchase health insurance
