Texas Jurisprudence Exam questions and
answers 2024/25
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
When can a physician be charged with "assault and battery"? - ANSWER>>Un-
consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? -
ANSWER>>Unilateral cessation of treatment when continued treatment is
necessary
What is "strict liability"? - ANSWER>>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? - ANSWER>>No, unless the
hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? - ANSWER>>Judge by inspection
How many days do you have to release medical records to an attorney? -
ANSWER>>45 days
, Can medical records be admitted as evidence in court? What are the
requirements? - ANSWER>>Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER>>Schedule 1—no known use
(e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? - ANSWER>>Prescription drugs other than schedule 1-
5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
- ANSWER>>One to prescribe; a separate registration for each location where you
dispense
How often do you renew your DEA license? - ANSWER>>Every 3 years
Can you move your office location and then change your DEA? - ANSWER>>No,
need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? - ANSWER>>No, also
need Department of Public Safety Bureau of Narcotics and Dangerous Drug
registration
How often do you renew a DPS license? - ANSWER>>Yearly
Do you have to display the DEA and DPS licenses? - ANSWER>>Not required by
any statute.
How many days do you have to notify the DPS of any change in your information
(name, address, tel., etc.)? - ANSWER>>7 days
Can you have your DPS suspended and keep your DEA or vice versa? -
ANSWER>>No, they are interconnected
answers 2024/25
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
When can a physician be charged with "assault and battery"? - ANSWER>>Un-
consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? -
ANSWER>>Unilateral cessation of treatment when continued treatment is
necessary
What is "strict liability"? - ANSWER>>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? - ANSWER>>No, unless the
hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? - ANSWER>>Judge by inspection
How many days do you have to release medical records to an attorney? -
ANSWER>>45 days
, Can medical records be admitted as evidence in court? What are the
requirements? - ANSWER>>Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER>>Schedule 1—no known use
(e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? - ANSWER>>Prescription drugs other than schedule 1-
5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
- ANSWER>>One to prescribe; a separate registration for each location where you
dispense
How often do you renew your DEA license? - ANSWER>>Every 3 years
Can you move your office location and then change your DEA? - ANSWER>>No,
need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? - ANSWER>>No, also
need Department of Public Safety Bureau of Narcotics and Dangerous Drug
registration
How often do you renew a DPS license? - ANSWER>>Yearly
Do you have to display the DEA and DPS licenses? - ANSWER>>Not required by
any statute.
How many days do you have to notify the DPS of any change in your information
(name, address, tel., etc.)? - ANSWER>>7 days
Can you have your DPS suspended and keep your DEA or vice versa? -
ANSWER>>No, they are interconnected
