TEXAS JURISPRUDENCE EXAM LATEST
CAREFULLY ANALYSED QUESTIONS WITH
VERIFIED ANSWERS GRADED A+ 2026
Can a patient successfully sue a doctor if there is no physician-patient relationship?
ANSWER >> No
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
1
,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
2
,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
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, 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
Can medical records be admitted as evidence in court? What are the requirements?
ANSWER >> Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? ANSWER >> Schedule 1—no known use (e.g.,
heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? ANSWER >> Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
ANSWER >> One to prescribe; a separate registration for each location where you
dispense
How often do you renew your DEA license? ANSWER >> Every 3 years
Can you move your office location and then change your DEA? ANSWER >> No, need
to change BEFORE move
4
CAREFULLY ANALYSED QUESTIONS WITH
VERIFIED ANSWERS GRADED A+ 2026
Can a patient successfully sue a doctor if there is no physician-patient relationship?
ANSWER >> No
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
1
,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
2
,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
3
, 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
Can medical records be admitted as evidence in court? What are the requirements?
ANSWER >> Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? ANSWER >> Schedule 1—no known use (e.g.,
heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? ANSWER >> Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
ANSWER >> One to prescribe; a separate registration for each location where you
dispense
How often do you renew your DEA license? ANSWER >> Every 3 years
Can you move your office location and then change your DEA? ANSWER >> No, need
to change BEFORE move
4
