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Can a patient successfully sue a doctor if there is no physician-patient relationship? -
CORRECT ANSWERS No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from
a patient for treatment? - CORRECT ANSWERS No
Does being on call give rise to a physician-patient relationship? - CORRECT ANSWERS
No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - CORRECT ANSWERS 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 ANSWERS Yes
What is "proximate cause"? - CORRECT ANSWERS 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 ANSWERS Cause-in-fact
(but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? - CORRECT ANSWERS
Yes
Does an expert witness have to know standards of care? - CORRECT ANSWERS Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - CORRECT ANSWERS Yes
,Does an expert witness have to be board certified? - CORRECT ANSWERS No, board
certified or eqivalent
In a medical malpractice case, are expert witnesses required? - CORRECT ANSWERS
Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? - CORRECT
ANSWERS Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law
was broken)
What are "exemplary damages"? - CORRECT ANSWERS Damages above compensatory
designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - CORRECT ANSWERS $250,000
for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? -
CORRECT ANSWERS No
What is "proportional responsibility"? - CORRECT ANSWERS Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? - CORRECT ANSWERS Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover
damages? - CORRECT ANSWERS If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - CORRECT ANSWERS 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 ANSWERS
File complaint—extra 60-day, notice letter extends statute by 75 days
,What fis fthe fstatute fof flimitations ffor fwrongful fdeath? f- fCORRECT fANSWERS f f f f f f f f2
fyears
What fis fthe fdiscovery frule? fGive fexamples. f- fCORRECT fANSWERS f f f f f f f fStatute fdoes
fnot fbegin funtil fdamage fis fdiscovered. fFor fexample, fa fretained fsponge fthat fis ffound f3 fyears
fpost-op
Is fthere fimmunity ffrom fcivil faction fin femergency fcases? f- fCORRECT fANSWERS f f f f f f f
fYes, fexcept fgross fnegligence
Is fthere fimmunity ffrom fcivil faction fin fvolunteer fcare? f- fCORRECT fANSWERS f f f f f f f fYes,
fexcept fgross fnegligence
When fcan fa fphysician fbe fcharged fwith f"assault fand fbattery"? f- fCORRECT fANSWERS f f f f f
f f fUn-consented fsurgery for fexamination for fwhen fexceeding fthe fscope fof fthe fconsent
When fcan fa fphysician fbe fcharged fwith fpatient fabandonment? f- fCORRECT fANSWERS f f f f f
f f fUnilateral fcessation fof ftreatment fwhen fcontinued ftreatment fis fnecessary
What fis f"strict fliability"? f- fCORRECT fANSWERS f f f f f f f fLiability fthat fdoes fnot fdepend fon
factual fnegligence, fbut fthat fis fbased fon fa fbreach fof fa fduty fto fmake fsomething fsafe. fThis
foften fapplies fto fproduct fliability
Are fhospitals fliable ffor fthe factions fof fa fphysician? f- fCORRECT fANSWERS f f f f f f f fNo,
funless fthe fhospital femploys fthe fphysician
Who fdetermines fin fa fcriminal fcase fif fthe fmedical frecords fof fa fpatient fshould fbe freleased? f-
fCORRECT fANSWERS f f f f f f f fJudge fby finspection
How fmany fdays fdo fyou fhave fto frelease fmedical frecords fto fan fattorney? f- fCORRECT
fANSWERS f f f f f f f f45 fdays
Can fmedical frecords fbe fadmitted fas fevidence fin fcourt? fWhat fare fthe frequirements? f-
fCORRECT fANSWERS f f f f f f f fYes, fbut fonly fwith faffidavit
, What fare fschedule f1, f2, f3, f4, f5 fdrugs? f- fCORRECT fANSWERS f f f f f f f fSchedule f1—no
fknown fuse f(e.g., fheroin); fschedule f2—very faddictive f(morphine, fcocaine); fschedule f3-5—
less faddictive
What fare fdangerous fdrugs? f- fCORRECT fANSWERS f f f f f f f fPrescription fdrugs fother fthan
fschedule f1-5
How fmany fDEA fregistrations fdo fyou fneed fif fyou fprescribe fdrugs? fdispense fdrugs? f-
fCORRECT fANSWERS f f f f f f f fOne fto fprescribe; fa fseparate fregistration ffor feach flocation
fwhere fyou fdispense
How foften fdo fyou frenew fyour fDEA flicense? f- fCORRECT fANSWERS f f f f f f f fEvery f3 fyears
Can fyou fmove fyour foffice flocation fand fthen fchange fyour fDEA? f- fCORRECT fANSWERS f f f
f f f f fNo, fneed fto fchange fBEFORE fmove
Is fa fDEA fregistration fsufficient fto fprescribe fdrugs fin fTexas? f- fCORRECT fANSWERS f f f f f f f
fNo, falso fneed fDepartment fof fPublic fSafety fBureau fof fNarcotics fand fDangerous fDrug
fregistration
How foften fdo fyou frenew fa fDPS flicense? f- fCORRECT fANSWERS f f f f f f f fYearly
Do fyou fhave fto fdisplay fthe fDEA fand fDPS flicenses? f- fCORRECT fANSWERS f f f f f f f fNot
frequired fby fany fstatute.
How fmany fdays fdo fyou fhave fto fnotify fthe fDPS fof fany fchange fin fyour finformation f(name,
faddress, ftel., fetc.)? f- fCORRECT fANSWERS f f f f f f f f7 fdays
Can fyou fhave fyour fDPS fsuspended fand fkeep fyour fDEA for fvice fversa? f- fCORRECT
fANSWERS f f f f f f f fNo, fthey fare finterconnected
For fschedules f2-5 fdrugs, fcan fyou fjust fput fthe fnumber fof fpills fon fprescription? f- fCORRECT
fANSWERS f f f f f f f fNo, fnumber fand fnumber fspelled fout