1|Page
TEXAS JURISPRUDENCE EXAM ACTUAL
QUESTIONS AND ANSWERS - LATEST AND
COMPLETE UPDATE WITH VERIFIED
SOLUTIONS – ASSURED PASS WITH INSTANT
DOWNLOAD PDF.
Can a patient successfully sue a doctor if there is no physician-patient relationship?
- No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - No
Does being on call give rise to a physician-patient relationship? - No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment? - 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? - Yes
,2|Page
What is "proximate cause"? - 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? - Cause-in-fact (but-for test)
and foreseeability
Does an expert witness have to be actively practicing medicine? - Yes
Does an expert witness have to know standards of care? - Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - Yes
,3|Page
Does an expert witness have to be board certified? - No, board certified or
eqivalent
In a medical malpractice case, are expert witnesses required? - Yes, with two
exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony?
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was
broken)
What are "exemplary damages"? - Damages above compensatory designed to
punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - $250,000 for physicians,
$500,000 for hospitals
, 4|Page
Does the cap on noneconomic damage depend on the number of defendants or
claimants? - No
What is "proportional responsibility"? - Percentage of liability apportioned
according to percentage of fault
Can the claimant have part of the proportional responsibility? - Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? - If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - 2 years; for minors
2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - File complaint
—extra 60-day, notice letter extends statute by 75 days
TEXAS JURISPRUDENCE EXAM ACTUAL
QUESTIONS AND ANSWERS - LATEST AND
COMPLETE UPDATE WITH VERIFIED
SOLUTIONS – ASSURED PASS WITH INSTANT
DOWNLOAD PDF.
Can a patient successfully sue a doctor if there is no physician-patient relationship?
- No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - No
Does being on call give rise to a physician-patient relationship? - No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment? - 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? - Yes
,2|Page
What is "proximate cause"? - 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? - Cause-in-fact (but-for test)
and foreseeability
Does an expert witness have to be actively practicing medicine? - Yes
Does an expert witness have to know standards of care? - Yes
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - Yes
,3|Page
Does an expert witness have to be board certified? - No, board certified or
eqivalent
In a medical malpractice case, are expert witnesses required? - Yes, with two
exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony?
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was
broken)
What are "exemplary damages"? - Damages above compensatory designed to
punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? - $250,000 for physicians,
$500,000 for hospitals
, 4|Page
Does the cap on noneconomic damage depend on the number of defendants or
claimants? - No
What is "proportional responsibility"? - Percentage of liability apportioned
according to percentage of fault
Can the claimant have part of the proportional responsibility? - Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? - If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? - 2 years; for minors
2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how? - File complaint
—extra 60-day, notice letter extends statute by 75 days
