TEXAS JURISPRUDENCE EXAMINATION
TEST FINAL PAPER FULL SOLUTION 2026
GRADED A+.
⫸ 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
TEST FINAL PAPER FULL SOLUTION 2026
GRADED A+.
⫸ 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
