Texas Nursing Jurisprudence(solved) already graded A+
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
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
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
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
, What is the statute of limitations for wrongful death?
2 years
What is the discovery rule? Give examples.
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?
Yes, except gross negligence
Is there immunity from civil action in volunteer care?
Yes, except gross negligence
When can a physician be charged with "assault and battery"?
Un-consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment?
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"?
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?
No, unless the hospital employs the physician
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
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
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
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
, What is the statute of limitations for wrongful death?
2 years
What is the discovery rule? Give examples.
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?
Yes, except gross negligence
Is there immunity from civil action in volunteer care?
Yes, except gross negligence
When can a physician be charged with "assault and battery"?
Un-consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment?
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"?
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?
No, unless the hospital employs the physician
