TEXAS JURISPRUDENCE EXAM| LATEST EXAM UPDATE 2025/2026|
100% VERIFIED CORRECT ANSWERS.
Can a patient successfully sue a doctor if there is no physician-patient
relationship? -CORRECT ANSWER No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? -CORRECT ANSWER No
Does being on call give rise to a physician-patient relationship? -CORRECT
ANSWER No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment? -CORRECT 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? -CORRECT ANSWER Yes
What is "proximate cause"? -CORRECT 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? -CORRECT ANSWER
Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? -CORRECT
ANSWER Yes
,Does an expert witness have to know standards of care? -CORRECT
ANSWER Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? -CORRECT ANSWER Yes
Does an expert witness have to be board certified? -CORRECT ANSWER No,
board certified or eqivalent
In a medical malpractice case, are expert witnesses required? -CORRECT
ANSWER Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony?
-CORRECT ANSWER Res ipsa loquitur (e.g., amputation of wrong leg) and
negligence per se (a law was broken)
What are "exemplary damages"? -CORRECT ANSWER Damages above
compensatory designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? -CORRECT ANSWER
$250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? -CORRECT ANSWER No
What is "proportional responsibility"? -CORRECT ANSWER Percentage of
liability apportioned according to percentage of fault
,Can the claimant have part of the proportional responsibility? -CORRECT
ANSWER Yes
If the claimant's proportionate responsibility is more than what %, he/she may
not recover damages? -CORRECT ANSWER If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? -CORRECT
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? -CORRECT
ANSWER File complaint—extra 60-day, notice letter extends statute by 75
days
What is the statute of limitations for wrongful death? -CORRECT ANSWER 2
years
What is the discovery rule? Give examples. -CORRECT 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? -CORRECT
ANSWER Yes, except gross negligence
Is there immunity from civil action in volunteer care? -CORRECT ANSWER
Yes, except gross negligence
When can a physician be charged with "assault and battery"? -CORRECT
ANSWER Un-consented surgery or examination or when exceeding the scope
of the consent
, When can a physician be charged with patient abandonment? -CORRECT
ANSWER Unilateral cessation of treatment when continued treatment is
necessary
What is "strict liability"? -CORRECT 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? -CORRECT ANSWER No,
unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? -CORRECT ANSWER Judge by inspection
How many days do you have to release medical records to an attorney? -
CORRECT ANSWER 45 days
Can medical records be admitted as evidence in court? What are the
requirements? -CORRECT ANSWER Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? -CORRECT ANSWER Schedule 1—no
known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine);
schedule 3-5—less addictive
What are dangerous drugs? -CORRECT ANSWER Prescription drugs other
than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense
drugs? -CORRECT ANSWER One to prescribe; a separate registration for
each location where you dispense
100% VERIFIED CORRECT ANSWERS.
Can a patient successfully sue a doctor if there is no physician-patient
relationship? -CORRECT ANSWER No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? -CORRECT ANSWER No
Does being on call give rise to a physician-patient relationship? -CORRECT
ANSWER No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment? -CORRECT 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? -CORRECT ANSWER Yes
What is "proximate cause"? -CORRECT 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? -CORRECT ANSWER
Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? -CORRECT
ANSWER Yes
,Does an expert witness have to know standards of care? -CORRECT
ANSWER Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? -CORRECT ANSWER Yes
Does an expert witness have to be board certified? -CORRECT ANSWER No,
board certified or eqivalent
In a medical malpractice case, are expert witnesses required? -CORRECT
ANSWER Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony?
-CORRECT ANSWER Res ipsa loquitur (e.g., amputation of wrong leg) and
negligence per se (a law was broken)
What are "exemplary damages"? -CORRECT ANSWER Damages above
compensatory designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? -CORRECT ANSWER
$250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? -CORRECT ANSWER No
What is "proportional responsibility"? -CORRECT ANSWER Percentage of
liability apportioned according to percentage of fault
,Can the claimant have part of the proportional responsibility? -CORRECT
ANSWER Yes
If the claimant's proportionate responsibility is more than what %, he/she may
not recover damages? -CORRECT ANSWER If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? -CORRECT
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? -CORRECT
ANSWER File complaint—extra 60-day, notice letter extends statute by 75
days
What is the statute of limitations for wrongful death? -CORRECT ANSWER 2
years
What is the discovery rule? Give examples. -CORRECT 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? -CORRECT
ANSWER Yes, except gross negligence
Is there immunity from civil action in volunteer care? -CORRECT ANSWER
Yes, except gross negligence
When can a physician be charged with "assault and battery"? -CORRECT
ANSWER Un-consented surgery or examination or when exceeding the scope
of the consent
, When can a physician be charged with patient abandonment? -CORRECT
ANSWER Unilateral cessation of treatment when continued treatment is
necessary
What is "strict liability"? -CORRECT 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? -CORRECT ANSWER No,
unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? -CORRECT ANSWER Judge by inspection
How many days do you have to release medical records to an attorney? -
CORRECT ANSWER 45 days
Can medical records be admitted as evidence in court? What are the
requirements? -CORRECT ANSWER Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? -CORRECT ANSWER Schedule 1—no
known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine);
schedule 3-5—less addictive
What are dangerous drugs? -CORRECT ANSWER Prescription drugs other
than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense
drugs? -CORRECT ANSWER One to prescribe; a separate registration for
each location where you dispense
