JURISPRUDENCE EXAM 2026 PROFESSIONAL
RESPONSIBILITY
◉ 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
RESPONSIBILITY
◉ 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
