Texas JP Exam Study Guide –
Practice Questions with
Verified Answers. GRADED A+.
Latest 2026/2027 Update
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 the 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
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
1. be actively practicing medicine?
2. know standards of care?
3. have enough training to express an opinion on whether standard of care was
provided?
4. be board certified? - Answer✔✔-Yes
Yes
Yes
No, has to be board certified or equivalent
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
,When do you award them? - Answer✔✔-To punish and deter defendant
Is there a cap to noneconomic damages? How much? - Answer✔✔-$250,000
for physicians, $500,000 for hospitals
Does this cap 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? Minors? - Answer✔✔-2 years;
for minors 2 years after becoming 18 years of age
By how much can this be extended and how? - Answer✔✔-File a 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
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 ciminal case if the medical records of a patient should be
released? - Answer✔✔-Judge by inspection
How many days do you have to release medical recordds to an attorney? -
Answer✔✔-45 days
Practice Questions with
Verified Answers. GRADED A+.
Latest 2026/2027 Update
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 the 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
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
1. be actively practicing medicine?
2. know standards of care?
3. have enough training to express an opinion on whether standard of care was
provided?
4. be board certified? - Answer✔✔-Yes
Yes
Yes
No, has to be board certified or equivalent
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
,When do you award them? - Answer✔✔-To punish and deter defendant
Is there a cap to noneconomic damages? How much? - Answer✔✔-$250,000
for physicians, $500,000 for hospitals
Does this cap 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? Minors? - Answer✔✔-2 years;
for minors 2 years after becoming 18 years of age
By how much can this be extended and how? - Answer✔✔-File a 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
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 ciminal case if the medical records of a patient should be
released? - Answer✔✔-Judge by inspection
How many days do you have to release medical recordds to an attorney? -
Answer✔✔-45 days
