TEXAS JURISPRUDENCE EXAM
BUNDLE [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
BUNDLE [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
