TEXAS LPC JURISPRUDENCE LATEST EXAM 2024
ACTUAL EXAM 300+ ACTUAL QUESTIONS AND
CORRECT ANSWERS (DETAILED ANSWERS)
ALREADY GRADED A+
If a blood bank finds a donor with an infectious disease, can
they call other blood banks and tell them the name of donor
and the disease?Edition. - ANSWER >>>>They can tell name
of donor, NOT disease
If a blood bank finds that blood outbound to hospitals is HIV
positive, can they call the hospitals and give name of donor?
Type of disease? - ANSWER >>>>They can tell name of
disease, NOT donor
For statistical purposes, can a blood bank give out medical
records? Names? - ANSWER >>>>Yes, but not names or
other identifying information
Is genetic information confidential? - ANSWER >>>>Yes
Can patients have access to the results of their genetic
testing? - ANSWER >>>>Yes
What kind of crime is the unauthorized release of records? -
ANSWER >>>>Misdemeanor
Can the Texas Medical Board (TMB) show preference to a
specific school of medicine such as medicine v. osteopathy? -
ANSWER >>>>No
,What does the Medical Practice Act (MPA) regulate? -
ANSWER >>>>The practice of medicine
Who does the MPA apply to? - ANSWER >>>>Physicians
(MD, DO), PAs, and acupuncturists
Can a patient successfully sue a doctor if there is no
physician-patient relationship? - ANSWER >>>>No
If there is no prior physician-patient relationship, are you
legally obliged to respond to a call from a patient for
treatment? - ANSWER >>>>No
Does being on call give rise to a physician-patient
relationship? - ANSWER >>>>No
How can one terminate a physician-patient relationship,
without abandonment if there is ongoing treatment? -
ANSWER >>>>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? - ANSWER >>>>Yes
What is "proximate cause"? - ANSWER >>>>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? -
ANSWER >>>>Cause-in-fact (but-for test) and foreseeability
,Does an expert witness have to be actively practicing
medicine? - ANSWER >>>>Yes
Does an expert witness have to know standards of care? -
ANSWER >>>>Yes
Does an expert witness have to have enough training to
express an opinion on whether standard of care was
provided? - ANSWER >>>>Yes
Does an expert witness have to be board certified? -
ANSWER >>>>No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required?
- ANSWER >>>>Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not
need expert testimony? - ANSWER >>>>Res ipsa loquitur
(e.g., amputation of wrong leg) and negligence per se (a law
was broken)
What are "exemplary damages"? - ANSWER >>>>Damages
above compensatory designed to punish the defendant and
deter the behavior
Is there a cap to noneconomic damages? How much? -
ANSWER >>>>$250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the
number of defendants or claimants? - ANSWER >>>>No
, What is "proportional responsibility"? - ANSWER
>>>>Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? -
ANSWER >>>>Yes
If the claimant's proportionate responsibility is more than what
%, he/she may not recover damages? - ANSWER >>>>If >
50%, no damages awarded
How long is the statute of limitations for adults? For minors? -
ANSWER >>>>2 years; for minors 2 years after becoming 18
years of age
By how much can the statute of limitations be extended and
how? - ANSWER >>>>File complaint—extra 60-day, notice
letter extends statute by 75 days
What is the statute of limitations for wrongful death? -
ANSWER >>>>2 years
What is the discovery rule? Give examples. - ANSWER
>>>>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? -
ANSWER >>>>Yes, except gross negligence
Is there immunity from civil action in volunteer care? -
ANSWER >>>>Yes, except gross negligence
ACTUAL EXAM 300+ ACTUAL QUESTIONS AND
CORRECT ANSWERS (DETAILED ANSWERS)
ALREADY GRADED A+
If a blood bank finds a donor with an infectious disease, can
they call other blood banks and tell them the name of donor
and the disease?Edition. - ANSWER >>>>They can tell name
of donor, NOT disease
If a blood bank finds that blood outbound to hospitals is HIV
positive, can they call the hospitals and give name of donor?
Type of disease? - ANSWER >>>>They can tell name of
disease, NOT donor
For statistical purposes, can a blood bank give out medical
records? Names? - ANSWER >>>>Yes, but not names or
other identifying information
Is genetic information confidential? - ANSWER >>>>Yes
Can patients have access to the results of their genetic
testing? - ANSWER >>>>Yes
What kind of crime is the unauthorized release of records? -
ANSWER >>>>Misdemeanor
Can the Texas Medical Board (TMB) show preference to a
specific school of medicine such as medicine v. osteopathy? -
ANSWER >>>>No
,What does the Medical Practice Act (MPA) regulate? -
ANSWER >>>>The practice of medicine
Who does the MPA apply to? - ANSWER >>>>Physicians
(MD, DO), PAs, and acupuncturists
Can a patient successfully sue a doctor if there is no
physician-patient relationship? - ANSWER >>>>No
If there is no prior physician-patient relationship, are you
legally obliged to respond to a call from a patient for
treatment? - ANSWER >>>>No
Does being on call give rise to a physician-patient
relationship? - ANSWER >>>>No
How can one terminate a physician-patient relationship,
without abandonment if there is ongoing treatment? -
ANSWER >>>>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? - ANSWER >>>>Yes
What is "proximate cause"? - ANSWER >>>>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? -
ANSWER >>>>Cause-in-fact (but-for test) and foreseeability
,Does an expert witness have to be actively practicing
medicine? - ANSWER >>>>Yes
Does an expert witness have to know standards of care? -
ANSWER >>>>Yes
Does an expert witness have to have enough training to
express an opinion on whether standard of care was
provided? - ANSWER >>>>Yes
Does an expert witness have to be board certified? -
ANSWER >>>>No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required?
- ANSWER >>>>Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not
need expert testimony? - ANSWER >>>>Res ipsa loquitur
(e.g., amputation of wrong leg) and negligence per se (a law
was broken)
What are "exemplary damages"? - ANSWER >>>>Damages
above compensatory designed to punish the defendant and
deter the behavior
Is there a cap to noneconomic damages? How much? -
ANSWER >>>>$250,000 for physicians, $500,000 for
hospitals
Does the cap on noneconomic damage depend on the
number of defendants or claimants? - ANSWER >>>>No
, What is "proportional responsibility"? - ANSWER
>>>>Percentage of liability apportioned according to
percentage of fault
Can the claimant have part of the proportional responsibility? -
ANSWER >>>>Yes
If the claimant's proportionate responsibility is more than what
%, he/she may not recover damages? - ANSWER >>>>If >
50%, no damages awarded
How long is the statute of limitations for adults? For minors? -
ANSWER >>>>2 years; for minors 2 years after becoming 18
years of age
By how much can the statute of limitations be extended and
how? - ANSWER >>>>File complaint—extra 60-day, notice
letter extends statute by 75 days
What is the statute of limitations for wrongful death? -
ANSWER >>>>2 years
What is the discovery rule? Give examples. - ANSWER
>>>>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? -
ANSWER >>>>Yes, except gross negligence
Is there immunity from civil action in volunteer care? -
ANSWER >>>>Yes, except gross negligence
