Texas Jurisprudence Exam Questions and Answers (2022/2023) (Verified Answers)

Texas Jurisprudence Exam Questions and Answers (2022/2023) (Verified Answers) How can one terminate a physician-patient relationship, without abandonment, if there is ongoing treatment? 30 days written notice, must provide for emergency What is "proximate cause"? Prove that negligence caused harm and that the cause was not too remote; what is required to a hold a defendant liable in a civil lawsuit What are the two components of proximate cause? Cause-in-fact (but-for test) and forseeability In a medical malpractice setting, what two instances do not need expert testimony? Res ipsa loquitur (e.g. amputation of wrong leg) and negligence per se (a law was broken) Is there a cap to noneconomic damages? How much? 250K for physicians, 500K for hospitals If the claimants proportionate responsibility is more than what %, then 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 18yo In a criminal proceeding, is the physician-patient privilege communication confidential? No, except for mental health and substance abuse records; judicial ruling should be obtained. What is "therapeutic privilege", when can it be used, who has access to the information, and what is the protocol the physician must follow? If physician thinks that information would be harmful to the patient, it can be withheld; in writing, copy in the chart; films or tests must be released to patient representative. How many years does a physician have to keep records for adults? For minors? 7 years for adults; 7 years or until age 21 for minors; hospital must keep 10 years Are substance abuse records admissible during criminal proceedings? No, unless the crime is extremely serious. Is HIV information