Texas Jurisprudence Exam
Questions and Answers 100% Pass
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
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
,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
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
Questions and Answers 100% Pass
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
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
,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
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
