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.
(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.
