Question 1
Can a patient successfully sue a doctor if there is no physician-patient relationship?
Correct Answer
No
Question 2
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
Question 3
Does being on call give rise to a physician-patient relationship?
Correct Answer
No
Page 1 of 140
,Question 4
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
Question 5
Does a physician's duty extend to the unborn child or potential victims of an ill patient?
Correct Answer
Yes
Question 6
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
Question 7
What are the two components of proximate cause?
Correct Answer
Cause-in-fact (but-for test) and foreseeability
Page 2 of 140
,Question 8
Does an expert witness have to be actively practicing medicine?
Correct Answer
Yes
Question 9
Does an expert witness have to know standards of care?
Correct Answer
Yes
Question 10
Does an expert witness have to have enough training to express an opinion on whether standard of care was provided?
Correct Answer
Yes
Question 11
Does an expert witness have to be board certified?
Correct Answer
No, board certified or eqivalent
Page 3 of 140
, Question 12
In a medical malpractice case, are expert witnesses required?
Correct Answer
Yes, with two exceptions
Question 13
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)
Question 14
What are "exemplary damages"?
Correct Answer
Damages above compensatory designed to punish the defendant and deter the behavior
Question 15
Is there a cap to noneconomic damages? How much?
Correct Answer
$250,000 for physicians, $500,000 for hospitals
Page 4 of 140