age 1 of 67
Texas Jurisprudence Exam 2025 Questions and
Answers
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
,age 2 of 67
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
,age 3 of 67
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
, age 4 of 67
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
Texas Jurisprudence Exam 2025 Questions and
Answers
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
,age 2 of 67
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
,age 3 of 67
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
, age 4 of 67
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
