Texas Jurisprudence Exam Questions
and Answers 100% Pass
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
What is the discovery rule? Give examples. ✔✔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? ✔✔Yes, except gross negligence
Is there immunity from civil action in volunteer care? ✔✔Yes, except gross negligence
When can a physician be charged with "assault and battery"? ✔✔Un-consented surgery or
examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? ✔✔Unilateral cessation of treatment
when continued treatment is necessary
What is "strict liability"? ✔✔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? ✔✔No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a patient should be released? ✔✔Judge
by inspection
How many days do you have to release medical records to an attorney? ✔✔45 days
Can medical records be admitted as evidence in court? What are the requirements? ✔✔Yes, but
only with affidavit
, What are schedule 1, 2, 3, 4, 5 drugs? ✔✔Schedule 1—no known use (e.g., heroin); schedule 2—
very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? ✔✔Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? ✔✔One to
prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? ✔✔Every 3 years
Can you move your office location and then change your DEA? ✔✔No, need to change BEFORE
move
Is a DEA registration sufficient to prescribe drugs in Texas? ✔✔No, also need Department of
Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? ✔✔Yearly
Do you have to display the DEA and DPS licenses? ✔✔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.)? ✔✔7 days
Can you have your DPS suspended and keep your DEA or vice versa? ✔✔No, they are
interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? ✔✔No, number and
number spelled out
and Answers 100% Pass
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
What is the discovery rule? Give examples. ✔✔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? ✔✔Yes, except gross negligence
Is there immunity from civil action in volunteer care? ✔✔Yes, except gross negligence
When can a physician be charged with "assault and battery"? ✔✔Un-consented surgery or
examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? ✔✔Unilateral cessation of treatment
when continued treatment is necessary
What is "strict liability"? ✔✔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? ✔✔No, unless the hospital employs the
physician
Who determines in a criminal case if the medical records of a patient should be released? ✔✔Judge
by inspection
How many days do you have to release medical records to an attorney? ✔✔45 days
Can medical records be admitted as evidence in court? What are the requirements? ✔✔Yes, but
only with affidavit
, What are schedule 1, 2, 3, 4, 5 drugs? ✔✔Schedule 1—no known use (e.g., heroin); schedule 2—
very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? ✔✔Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? ✔✔One to
prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license? ✔✔Every 3 years
Can you move your office location and then change your DEA? ✔✔No, need to change BEFORE
move
Is a DEA registration sufficient to prescribe drugs in Texas? ✔✔No, also need Department of
Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? ✔✔Yearly
Do you have to display the DEA and DPS licenses? ✔✔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.)? ✔✔7 days
Can you have your DPS suspended and keep your DEA or vice versa? ✔✔No, they are
interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? ✔✔No, number and
number spelled out
