Texas Jurisprudence Exam COMPLETE EXAM
QUESTIONS AND ACCURATE ANSWERS |ALREADY
PASSED!!
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
QUESTIONS AND ACCURATE ANSWERS |ALREADY
PASSED!!
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
