TEXAS JURISPRUDENCE EXAM
QUESTIONS COMPLETE WITH 100%
VERIFIED ANSWERS
\.Can a patient successfully sue a doctor if there is no physician-patient
relationship? - ANSWERS-No
\.If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - ANSWERS-No
\.Does being on call give rise to a physician-patient relationship? - ANSWERS-No
\.How can one terminate a physician-patient relationship, without abandonment
if there is ongoing treatment? - ANSWERS-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? - ANSWERS-Yes
\.What is "proximate cause"? - ANSWERS-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? - ANSWERS-Cause-in-fact
(but-for test) and foreseeability
\.Does an expert witness have to be actively practicing medicine? - ANSWERS-Yes
\.Does an expert witness have to know standards of care? - ANSWERS-Yes
\.Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - ANSWERS-Yes
\.Does an expert witness have to be board certified? - ANSWERS-No, board
certified or eqivalent
\.In a medical malpractice case, are expert witnesses required? - ANSWERS-Yes,
with two exceptions
\.In a medical malpractice setting, what 2 instances do not need expert
testimony? - ANSWERS-Res ipsa loquitur (e.g., amputation of wrong leg) and
negligence per se (a law was broken)
\.What are "exemplary damages"? - ANSWERS-Damages above compensatory
designed to punish the defendant and deter the behavior
\.Is there a cap to noneconomic damages? How much? - ANSWERS-$250,000 for
physicians, $500,000 for hospitals
,\.Does the cap on noneconomic damage depend on the number of defendants or
claimants? - ANSWERS-No
\.What is "proportional responsibility"? - ANSWERS-Percentage of liability
apportioned according to percentage of fault
\.Can the claimant have part of the proportional responsibility? - ANSWERS-Yes
\.If the claimant's proportionate responsibility is more than what %, he/she may
not recover damages? - ANSWERS-If > 50%, no damages awarded
\.How long is the statute of limitations for adults? For minors? - ANSWERS-2 years;
for minors 2 years after becoming 18 years of age
\.By how much can the statute of limitations be extended and how? - ANSWERS-
File complaint—extra 60-day, notice letter extends statute by 75 days
\.What is the statute of limitations for wrongful death? - ANSWERS-2 years
\.What is the discovery rule? Give examples. - ANSWERS-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? - ANSWERS-Yes, except
gross negligence
, \.Is there immunity from civil action in volunteer care? - ANSWERS-Yes, except
gross negligence
\.When can a physician be charged with "assault and battery"? - ANSWERS-Un-
consented surgery or examination or when exceeding the scope of the consent
\.When can a physician be charged with patient abandonment? - ANSWERS-
Unilateral cessation of treatment when continued treatment is necessary
\.What is "strict liability"? - ANSWERS-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? - ANSWERS-No, unless the
hospital employs the physician
\.Who determines in a criminal case if the medical records of a patient should be
released? - ANSWERS-Judge by inspection
\.How many days do you have to release medical records to an attorney? -
ANSWERS-45 days
\.Can medical records be admitted as evidence in court? What are the
requirements? - ANSWERS-Yes, but only with affidavit
QUESTIONS COMPLETE WITH 100%
VERIFIED ANSWERS
\.Can a patient successfully sue a doctor if there is no physician-patient
relationship? - ANSWERS-No
\.If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - ANSWERS-No
\.Does being on call give rise to a physician-patient relationship? - ANSWERS-No
\.How can one terminate a physician-patient relationship, without abandonment
if there is ongoing treatment? - ANSWERS-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? - ANSWERS-Yes
\.What is "proximate cause"? - ANSWERS-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? - ANSWERS-Cause-in-fact
(but-for test) and foreseeability
\.Does an expert witness have to be actively practicing medicine? - ANSWERS-Yes
\.Does an expert witness have to know standards of care? - ANSWERS-Yes
\.Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided? - ANSWERS-Yes
\.Does an expert witness have to be board certified? - ANSWERS-No, board
certified or eqivalent
\.In a medical malpractice case, are expert witnesses required? - ANSWERS-Yes,
with two exceptions
\.In a medical malpractice setting, what 2 instances do not need expert
testimony? - ANSWERS-Res ipsa loquitur (e.g., amputation of wrong leg) and
negligence per se (a law was broken)
\.What are "exemplary damages"? - ANSWERS-Damages above compensatory
designed to punish the defendant and deter the behavior
\.Is there a cap to noneconomic damages? How much? - ANSWERS-$250,000 for
physicians, $500,000 for hospitals
,\.Does the cap on noneconomic damage depend on the number of defendants or
claimants? - ANSWERS-No
\.What is "proportional responsibility"? - ANSWERS-Percentage of liability
apportioned according to percentage of fault
\.Can the claimant have part of the proportional responsibility? - ANSWERS-Yes
\.If the claimant's proportionate responsibility is more than what %, he/she may
not recover damages? - ANSWERS-If > 50%, no damages awarded
\.How long is the statute of limitations for adults? For minors? - ANSWERS-2 years;
for minors 2 years after becoming 18 years of age
\.By how much can the statute of limitations be extended and how? - ANSWERS-
File complaint—extra 60-day, notice letter extends statute by 75 days
\.What is the statute of limitations for wrongful death? - ANSWERS-2 years
\.What is the discovery rule? Give examples. - ANSWERS-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? - ANSWERS-Yes, except
gross negligence
, \.Is there immunity from civil action in volunteer care? - ANSWERS-Yes, except
gross negligence
\.When can a physician be charged with "assault and battery"? - ANSWERS-Un-
consented surgery or examination or when exceeding the scope of the consent
\.When can a physician be charged with patient abandonment? - ANSWERS-
Unilateral cessation of treatment when continued treatment is necessary
\.What is "strict liability"? - ANSWERS-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? - ANSWERS-No, unless the
hospital employs the physician
\.Who determines in a criminal case if the medical records of a patient should be
released? - ANSWERS-Judge by inspection
\.How many days do you have to release medical records to an attorney? -
ANSWERS-45 days
\.Can medical records be admitted as evidence in court? What are the
requirements? - ANSWERS-Yes, but only with affidavit
