Texas Jurisprudence Exam All Answers
Correct
Can a patient successfully sue a doctor if there is no physician-patient relationship? Ans- No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a
patient for treatment? Ans- No
Does being on call give rise to a physician-patient relationship? Ans- No
How can one terminate a physician-patient relationship, without abandonment if there is ongoing
treatment? Ans- 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? Ans- Yes
What is "proximate cause"? Ans- 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? Ans- Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? Ans- Yes
Does an expert witness have to know standards of care? Ans- Yes
Does an expert witness have to have enough training to express an opinion on whether standard of care
was provided? Ans- Yes
Does an expert witness have to be board certified? Ans- No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? Ans- Yes, with two exceptions
,In a medical malpractice setting, what 2 instances do not need expert testimony? Ans- Res ipsa loquitur
(e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? Ans- Damages above compensatory designed to punish the defendant
and deter the behavior
Is there a cap to noneconomic damages? How much? Ans- $250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? Ans- No
What is "proportional responsibility"? Ans- Percentage of liability apportioned according to percentage
of fault
Can the claimant have part of the proportional responsibility? Ans- Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover damages?
Ans- If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? Ans- 2 years; for minors 2 years after
becoming 18 years of age
By how much can the statute of limitations be extended and how? Ans- File complaint—extra 60-day,
notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? Ans- 2 years
What is the discovery rule? Give examples. Ans- 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? Ans- Yes, except gross negligence
,Is there immunity from civil action in volunteer care? Ans- Yes, except gross negligence
When can a physician be charged with "assault and battery"? Ans- Un-consented surgery or examination
or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? Ans- Unilateral cessation of treatment
when continued treatment is necessary
What is "strict liability"? Ans- 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? Ans- No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be released? Ans- Judge by
inspection
How many days do you have to release medical records to an attorney? Ans- 45 days
Can medical records be admitted as evidence in court? What are the requirements? Ans- Yes, but only
with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? Ans- Schedule 1—no known use (e.g., heroin); schedule 2—very
addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? Ans- Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? Ans- One to prescribe;
a separate registration for each location where you dispense
How often do you renew your DEA license? Ans- Every 3 years
, Can you move your office location and then change your DEA? Ans- No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? Ans- No, also need Department of Public
Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? Ans- Yearly
Do you have to display the DEA and DPS licenses? Ans- Not required by any statute.
How many days do you have to notify the DPS of any change in your information (name, address, tel.,
etc.)? Ans- 7 days
Can you have your DPS suspended and keep your DEA or vice versa? Ans- No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? Ans- No, number and
number spelled out
Do you have to put intended use on prescription? Ans- Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? Ans- 7 days;
only if the drug was already rx in the hospital
What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? Ans- Official DPS
form; no stickers
Can a physician prescribe schedule 2 over the phone? Ans- Yes, for emergencies, and only for the
duration of emergency
How many days does the physician have to mail the schedule's emergency prescription to the
pharmacy? Ans- 7 days
Correct
Can a patient successfully sue a doctor if there is no physician-patient relationship? Ans- No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a
patient for treatment? Ans- No
Does being on call give rise to a physician-patient relationship? Ans- No
How can one terminate a physician-patient relationship, without abandonment if there is ongoing
treatment? Ans- 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? Ans- Yes
What is "proximate cause"? Ans- 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? Ans- Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? Ans- Yes
Does an expert witness have to know standards of care? Ans- Yes
Does an expert witness have to have enough training to express an opinion on whether standard of care
was provided? Ans- Yes
Does an expert witness have to be board certified? Ans- No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? Ans- Yes, with two exceptions
,In a medical malpractice setting, what 2 instances do not need expert testimony? Ans- Res ipsa loquitur
(e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? Ans- Damages above compensatory designed to punish the defendant
and deter the behavior
Is there a cap to noneconomic damages? How much? Ans- $250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? Ans- No
What is "proportional responsibility"? Ans- Percentage of liability apportioned according to percentage
of fault
Can the claimant have part of the proportional responsibility? Ans- Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover damages?
Ans- If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? Ans- 2 years; for minors 2 years after
becoming 18 years of age
By how much can the statute of limitations be extended and how? Ans- File complaint—extra 60-day,
notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? Ans- 2 years
What is the discovery rule? Give examples. Ans- 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? Ans- Yes, except gross negligence
,Is there immunity from civil action in volunteer care? Ans- Yes, except gross negligence
When can a physician be charged with "assault and battery"? Ans- Un-consented surgery or examination
or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? Ans- Unilateral cessation of treatment
when continued treatment is necessary
What is "strict liability"? Ans- 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? Ans- No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be released? Ans- Judge by
inspection
How many days do you have to release medical records to an attorney? Ans- 45 days
Can medical records be admitted as evidence in court? What are the requirements? Ans- Yes, but only
with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? Ans- Schedule 1—no known use (e.g., heroin); schedule 2—very
addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? Ans- Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? Ans- One to prescribe;
a separate registration for each location where you dispense
How often do you renew your DEA license? Ans- Every 3 years
, Can you move your office location and then change your DEA? Ans- No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? Ans- No, also need Department of Public
Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? Ans- Yearly
Do you have to display the DEA and DPS licenses? Ans- Not required by any statute.
How many days do you have to notify the DPS of any change in your information (name, address, tel.,
etc.)? Ans- 7 days
Can you have your DPS suspended and keep your DEA or vice versa? Ans- No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? Ans- No, number and
number spelled out
Do you have to put intended use on prescription? Ans- Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? Ans- 7 days;
only if the drug was already rx in the hospital
What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? Ans- Official DPS
form; no stickers
Can a physician prescribe schedule 2 over the phone? Ans- Yes, for emergencies, and only for the
duration of emergency
How many days does the physician have to mail the schedule's emergency prescription to the
pharmacy? Ans- 7 days
