TEXAS JURISPRUDENCE EXAM AND PRACTICE EXAM NEWEST 2026 ACTUAL EXAM 400
QUESTIONS AND CORRECT DETAILED ANSWERS/NEWEST UPDATE!!
Question 1
In a Texas medical malpractice case, which of the following scenarios would typically NOT
require expert testimony to establish a breach of the standard of care?
A) A failure to diagnose a rare genetic condition
B) A surgeon performing an amputation on the wrong limb
C) A physician prescribing an off-label medication
D) A delay in referring a patient to a specialist
E) A disagreement between two specialists on a treatment plan
Correct Answer: B) A surgeon performing an amputation on the wrong limb
Rationale: Texas law allows for exceptions to the expert testimony requirement under the
doctrine of "Res ipsa loquitur" (the thing speaks for itself). Amputating the wrong limb or
leaving a surgical instrument inside a patient are obvious errors that a layperson can
identify as negligence without an expert's explanation.
Question 2
What is the primary purpose of "exemplary damages" in a Texas civil lawsuit?
A) To reimburse the patient for actual medical expenses
B) To compensate the patient for lost wages
C) To punish the defendant and deter similar future behavior
D) To pay for the plaintiff's attorney fees
E) To cover the cost of future physical therapy
Correct Answer: C) To punish the defendant and deter similar future behavior
Rationale: Exemplary damages (punitive damages) are awarded in cases of gross negligence
or malice. They are intended to serve as a punishment for the defendant rather than a
reimbursement for the claimant’s specific financial losses.
Question 3
Under Texas law, what is the maximum cap on "noneconomic damages" for a claim against an
individual physician?
A) $100,000
B) $250,000
C) $500,000
D) $750,000
E) There is no cap
Correct Answer: B) $250,000
Rationale: The Texas Medical Liability Act caps noneconomic damages (pain and suffering)
at $250,000 for all individual physicians involved in a claim. For hospitals, the cap is
$500,000.
, 2
Question 4
Does the Texas statutory cap on noneconomic damages increase if there are multiple claimants
(e.g., several family members suing) or multiple defendant physicians?
A) Yes, it doubles for every additional claimant
B) Yes, but only if the damages exceed $1 million
C) No, the cap remains the same regardless of the number of parties
D) Only in cases involving minors
E) Only if the physician has no insurance
Correct Answer: C) No, the cap remains the same regardless of the number of parties
Rationale: The $250,000 cap is an aggregate limit per civil action against all physicians,
regardless of how many people are suing or how many doctors are named as defendants.
Question 5
Under the principle of "proportional responsibility," if a claimant is found to be 60% at fault for
their own injury, what amount of damages can they recover?
A) 40% of the total award
B) 100% of the total award
C) 50% of the total award
D) $0 (No damages awarded)
E) $250,000 exactly
Correct Answer: D) $0 (No damages awarded)
Rationale: Texas follows a modified comparative negligence rule. If a claimant's
responsibility for their own injury is greater than 50%, they are barred from recovering
any damages from other defendants.
Question 6
What is the standard statute of limitations for a medical malpractice claim involving an adult in
Texas?
A) 1 year
B) 2 years
) 5 years
D) 10 years
E) There is no limit
Correct Answer: B) 2 years
Rationale: Generally, a medical malpractice lawsuit must be filed within two years from the
date of the occurrence or the completion of the treatment that is the subject of the claim.
Question 7
How does the statute of limitations apply to minors in Texas health care liability claims?
A) It is the same 2-year period as adults
B) It expires on the minor's 10th birthday
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C) It is 2 years after the minor reaches 18 years of age
D) It is 10 years from the date of birth
E) Minors cannot file lawsuits in Texas
Correct Answer: C) It is 2 years after the minor reaches 18 years of age
Rationale: Texas law provides a tolling provision for minors, allowing them until their 20th
birthday (2 years after turning 18) to file a claim for injuries sustained during childhood.
Question 8
If a physician receives a formal "notice letter" regarding a potential malpractice claim, by how
many days is the statute of limitations extended?
A) 30 days
B) 60 days
C) 75 days
D) 90 days
E) 1 year
Correct Answer: C) 75 days
Rationale: Providing the mandatory 60-day notice of a health care liability claim to a
defendant tolls (pauses) the statute of limitations for a period of 75 days.
Question 9
What is the "Discovery Rule" in the context of the statute of limitations?
A) It allows the physician to discover the patient's records
B) It means the statute does not begin until the damage is discovered (e.g., a retained sponge)
C) It allows the court to discover the physician's assets
D) It prevents the patient from seeing their own chart
E) It mandates a 2-year wait before discovery can start
Correct Answer: B) It means the statute does not begin until the damage is discovered (e.g.,
a retained sponge)
Rationale: In certain cases where the injury is "inherently undiscoverable," the 2-year clock
may not start until the patient becomes aware, or should have become aware, of the injury.
Question 10
Under Texas law, a physician is generally immune from civil liability for care provided in an
emergency unless the physician’s conduct constitutes:
A) Simple negligence
B) A billing error
C) Gross negligence
D) A lack of board certification
E) A failure to use a computer
Correct Answer: C) Gross negligence
Rationale: The "Good Samaritan" principles in Texas provide immunity for emergency
, 4
care provided in good faith, except in instances of gross negligence (conscious indifference
to the safety of others).
Question 11
When can a physician be legally charged with "assault and battery" in a medical setting?
A) When they bill the patient too much
B) When they provide un-consented surgery or exceed the scope of the consent
C) When they refuse to see a patient for a routine check-up
D) When they lose the patient's medical records
E) When they use a generic drug instead of a brand name
Correct Answer: B) When they provide un-consented surgery or exceed the scope of the
consent
Rationale: In medical jurisprudence, performing a procedure without valid consent is
considered an unauthorized touching of the person, which can meet the legal definition of
battery.
Question 12
Which of the following constitutes "patient abandonment" by a physician?
A) Referring a patient to a specialist
B) Retiring after giving 30 days' notice
C) Unilateral cessation of treatment when continued treatment is necessary
D) Refusing to prescribe a controlled substance the patient demands
E) Taking a one-week vacation with a covering physician provided
Correct Answer: C) Unilateral cessation of treatment when continued treatment is necessary
Rationale: Abandonment occurs when the physician-patient relationship is terminated by
the physician without giving the patient sufficient notice or ensuring a qualified
replacement is available for necessary ongoing care.
Question 13
Are Texas hospitals typically liable for the negligent actions of an independent physician who
has privileges at the facility?
A) Yes, always
B) No, unless the hospital actually employs the physician
C) Only if the physician is over age 65
D) Only if the surgery was performed on a Sunday
E) Yes, under the doctrine of strict liability
Correct Answer: B) No, unless the hospital actually employs the physician
Rationale: Under the corporate practice of medicine doctrine in Texas, hospitals generally
do not employ physicians and are not vicariously liable for their independent clinical
decisions, unless an employer-employee relationship is established.
QUESTIONS AND CORRECT DETAILED ANSWERS/NEWEST UPDATE!!
Question 1
In a Texas medical malpractice case, which of the following scenarios would typically NOT
require expert testimony to establish a breach of the standard of care?
A) A failure to diagnose a rare genetic condition
B) A surgeon performing an amputation on the wrong limb
C) A physician prescribing an off-label medication
D) A delay in referring a patient to a specialist
E) A disagreement between two specialists on a treatment plan
Correct Answer: B) A surgeon performing an amputation on the wrong limb
Rationale: Texas law allows for exceptions to the expert testimony requirement under the
doctrine of "Res ipsa loquitur" (the thing speaks for itself). Amputating the wrong limb or
leaving a surgical instrument inside a patient are obvious errors that a layperson can
identify as negligence without an expert's explanation.
Question 2
What is the primary purpose of "exemplary damages" in a Texas civil lawsuit?
A) To reimburse the patient for actual medical expenses
B) To compensate the patient for lost wages
C) To punish the defendant and deter similar future behavior
D) To pay for the plaintiff's attorney fees
E) To cover the cost of future physical therapy
Correct Answer: C) To punish the defendant and deter similar future behavior
Rationale: Exemplary damages (punitive damages) are awarded in cases of gross negligence
or malice. They are intended to serve as a punishment for the defendant rather than a
reimbursement for the claimant’s specific financial losses.
Question 3
Under Texas law, what is the maximum cap on "noneconomic damages" for a claim against an
individual physician?
A) $100,000
B) $250,000
C) $500,000
D) $750,000
E) There is no cap
Correct Answer: B) $250,000
Rationale: The Texas Medical Liability Act caps noneconomic damages (pain and suffering)
at $250,000 for all individual physicians involved in a claim. For hospitals, the cap is
$500,000.
, 2
Question 4
Does the Texas statutory cap on noneconomic damages increase if there are multiple claimants
(e.g., several family members suing) or multiple defendant physicians?
A) Yes, it doubles for every additional claimant
B) Yes, but only if the damages exceed $1 million
C) No, the cap remains the same regardless of the number of parties
D) Only in cases involving minors
E) Only if the physician has no insurance
Correct Answer: C) No, the cap remains the same regardless of the number of parties
Rationale: The $250,000 cap is an aggregate limit per civil action against all physicians,
regardless of how many people are suing or how many doctors are named as defendants.
Question 5
Under the principle of "proportional responsibility," if a claimant is found to be 60% at fault for
their own injury, what amount of damages can they recover?
A) 40% of the total award
B) 100% of the total award
C) 50% of the total award
D) $0 (No damages awarded)
E) $250,000 exactly
Correct Answer: D) $0 (No damages awarded)
Rationale: Texas follows a modified comparative negligence rule. If a claimant's
responsibility for their own injury is greater than 50%, they are barred from recovering
any damages from other defendants.
Question 6
What is the standard statute of limitations for a medical malpractice claim involving an adult in
Texas?
A) 1 year
B) 2 years
) 5 years
D) 10 years
E) There is no limit
Correct Answer: B) 2 years
Rationale: Generally, a medical malpractice lawsuit must be filed within two years from the
date of the occurrence or the completion of the treatment that is the subject of the claim.
Question 7
How does the statute of limitations apply to minors in Texas health care liability claims?
A) It is the same 2-year period as adults
B) It expires on the minor's 10th birthday
, 3
C) It is 2 years after the minor reaches 18 years of age
D) It is 10 years from the date of birth
E) Minors cannot file lawsuits in Texas
Correct Answer: C) It is 2 years after the minor reaches 18 years of age
Rationale: Texas law provides a tolling provision for minors, allowing them until their 20th
birthday (2 years after turning 18) to file a claim for injuries sustained during childhood.
Question 8
If a physician receives a formal "notice letter" regarding a potential malpractice claim, by how
many days is the statute of limitations extended?
A) 30 days
B) 60 days
C) 75 days
D) 90 days
E) 1 year
Correct Answer: C) 75 days
Rationale: Providing the mandatory 60-day notice of a health care liability claim to a
defendant tolls (pauses) the statute of limitations for a period of 75 days.
Question 9
What is the "Discovery Rule" in the context of the statute of limitations?
A) It allows the physician to discover the patient's records
B) It means the statute does not begin until the damage is discovered (e.g., a retained sponge)
C) It allows the court to discover the physician's assets
D) It prevents the patient from seeing their own chart
E) It mandates a 2-year wait before discovery can start
Correct Answer: B) It means the statute does not begin until the damage is discovered (e.g.,
a retained sponge)
Rationale: In certain cases where the injury is "inherently undiscoverable," the 2-year clock
may not start until the patient becomes aware, or should have become aware, of the injury.
Question 10
Under Texas law, a physician is generally immune from civil liability for care provided in an
emergency unless the physician’s conduct constitutes:
A) Simple negligence
B) A billing error
C) Gross negligence
D) A lack of board certification
E) A failure to use a computer
Correct Answer: C) Gross negligence
Rationale: The "Good Samaritan" principles in Texas provide immunity for emergency
, 4
care provided in good faith, except in instances of gross negligence (conscious indifference
to the safety of others).
Question 11
When can a physician be legally charged with "assault and battery" in a medical setting?
A) When they bill the patient too much
B) When they provide un-consented surgery or exceed the scope of the consent
C) When they refuse to see a patient for a routine check-up
D) When they lose the patient's medical records
E) When they use a generic drug instead of a brand name
Correct Answer: B) When they provide un-consented surgery or exceed the scope of the
consent
Rationale: In medical jurisprudence, performing a procedure without valid consent is
considered an unauthorized touching of the person, which can meet the legal definition of
battery.
Question 12
Which of the following constitutes "patient abandonment" by a physician?
A) Referring a patient to a specialist
B) Retiring after giving 30 days' notice
C) Unilateral cessation of treatment when continued treatment is necessary
D) Refusing to prescribe a controlled substance the patient demands
E) Taking a one-week vacation with a covering physician provided
Correct Answer: C) Unilateral cessation of treatment when continued treatment is necessary
Rationale: Abandonment occurs when the physician-patient relationship is terminated by
the physician without giving the patient sufficient notice or ensuring a qualified
replacement is available for necessary ongoing care.
Question 13
Are Texas hospitals typically liable for the negligent actions of an independent physician who
has privileges at the facility?
A) Yes, always
B) No, unless the hospital actually employs the physician
C) Only if the physician is over age 65
D) Only if the surgery was performed on a Sunday
E) Yes, under the doctrine of strict liability
Correct Answer: B) No, unless the hospital actually employs the physician
Rationale: Under the corporate practice of medicine doctrine in Texas, hospitals generally
do not employ physicians and are not vicariously liable for their independent clinical
decisions, unless an employer-employee relationship is established.
