TEXAS JURISPRUDENCE
EXAM||LATEST EXAM
UPLOAD||QUESTIONS AND
CORRECT ANSWERS||STUDY
NOW..
Can a patient successfully sue a doctor if there is no physician-patient relationship? -
CORRECT ANSWER No
If there is no prior physician-patient relationship, are you legally obliged to respond to a
call from a patient for treatment? -CORRECT ANSWER No
Does being on call give rise to a physician-patient relationship? -CORRECT ANSWER
No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? -CORRECT 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? -
CORRECT ANSWER Yes
What is "proximate cause"? -CORRECT 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? -CORRECT ANSWER Cause-in-
fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? -CORRECT ANSWER
Yes
Does an expert witness have to know standards of care? -CORRECT ANSWER Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? -CORRECT ANSWER Yes
Does an expert witness have to be board certified? -CORRECT ANSWER No, board
certified or eqivalent
,In a medical malpractice case, are expert witnesses required? -CORRECT ANSWER
Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? -
CORRECT ANSWER Res ipsa loquitur (e.g., amputation of wrong leg) and negligence
per se (a law was broken)
What are "exemplary damages"? -CORRECT ANSWER Damages above
compensatory designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? -CORRECT ANSWER $250,000
for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? -CORRECT ANSWER No
What is "proportional responsibility"? -CORRECT ANSWER Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? -CORRECT ANSWER
Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? -CORRECT ANSWER If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? -CORRECT 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? -CORRECT
ANSWER File complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? -CORRECT ANSWER 2 years
What is the discovery rule? Give examples. -CORRECT 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? -CORRECT ANSWER Yes,
except gross negligence
Is there immunity from civil action in volunteer care? -CORRECT ANSWER Yes, except
gross negligence
When can a physician be charged with "assault and battery"? -CORRECT ANSWER
Un-consented surgery or examination or when exceeding the scope of the consent
,When can a physician be charged with patient abandonment? -CORRECT ANSWER
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"? -CORRECT 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? -CORRECT ANSWER No, unless the
hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? -CORRECT ANSWER Judge by inspection
How many days do you have to release medical records to an attorney? -CORRECT
ANSWER 45 days
Can medical records be admitted as evidence in court? What are the requirements? -
CORRECT ANSWER Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? -CORRECT ANSWER Schedule 1—no known
use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? -CORRECT ANSWER Prescription drugs other than
schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? -
CORRECT ANSWER One to prescribe; a separate registration for each location where
you dispense
How often do you renew your DEA license? -CORRECT ANSWER Every 3 years
Can you move your office location and then change your DEA? -CORRECT ANSWER
No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? -CORRECT ANSWER No,
also need Department of Public Safety Bureau of Narcotics and Dangerous Drug
registration
How often do you renew a DPS license? -CORRECT ANSWER Yearly
Do you have to display the DEA and DPS licenses? -CORRECT 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.)? -CORRECT ANSWER 7 days
, Can you have your DPS suspended and keep your DEA or vice versa? -CORRECT
ANSWER No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? -
CORRECT ANSWER No, number and number spelled out
Do you have to put intended use on prescription? -CORRECT ANSWER Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the
hospital? -CORRECT ANSWER 7 days; only if the drug was already rx in the hospital
What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers?
-CORRECT ANSWER Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone? -CORRECT ANSWER Yes, for
emergencies, and only for the duration of emergency
How many days does the physician have to mail the schedule's emergency prescription
to the pharmacy? -CORRECT ANSWER 7 days
How many days does the patient have to fill schedule 2 prescriptions? -CORRECT
ANSWER 7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? -CORRECT
ANSWER No for schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office? -CORRECT ANSWER Any
qualified DESIGNATED person
Can they call in schedule 2? -CORRECT ANSWER Only physician in emergencies
Can a physician prohibit substitutions for generics? -CORRECT ANSWER Yes
From whom and how do you order schedule 2? Schedules 3-5? -CORRECT ANSWER
Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from
wholesaler
What drugs do you need to keep records on? How are the records kept? How often do
you need to do inventory? Do you need to submit the records? How long do you have to
keep the last inventory list? -CORRECT ANSWER If dispensed in office, then all
dangerous drugs, schedule drugs and samples; separate records for schedule 1+2;
inventory every 2 years; records are not submitted; keep records for 2 years
Who can inspect your drugs? -CORRECT ANSWER TMB, DPS, attorney general for
the DEA
EXAM||LATEST EXAM
UPLOAD||QUESTIONS AND
CORRECT ANSWERS||STUDY
NOW..
Can a patient successfully sue a doctor if there is no physician-patient relationship? -
CORRECT ANSWER No
If there is no prior physician-patient relationship, are you legally obliged to respond to a
call from a patient for treatment? -CORRECT ANSWER No
Does being on call give rise to a physician-patient relationship? -CORRECT ANSWER
No
How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? -CORRECT 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? -
CORRECT ANSWER Yes
What is "proximate cause"? -CORRECT 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? -CORRECT ANSWER Cause-in-
fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? -CORRECT ANSWER
Yes
Does an expert witness have to know standards of care? -CORRECT ANSWER Yes
Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? -CORRECT ANSWER Yes
Does an expert witness have to be board certified? -CORRECT ANSWER No, board
certified or eqivalent
,In a medical malpractice case, are expert witnesses required? -CORRECT ANSWER
Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? -
CORRECT ANSWER Res ipsa loquitur (e.g., amputation of wrong leg) and negligence
per se (a law was broken)
What are "exemplary damages"? -CORRECT ANSWER Damages above
compensatory designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much? -CORRECT ANSWER $250,000
for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants? -CORRECT ANSWER No
What is "proportional responsibility"? -CORRECT ANSWER Percentage of liability
apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? -CORRECT ANSWER
Yes
If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? -CORRECT ANSWER If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors? -CORRECT 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? -CORRECT
ANSWER File complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death? -CORRECT ANSWER 2 years
What is the discovery rule? Give examples. -CORRECT 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? -CORRECT ANSWER Yes,
except gross negligence
Is there immunity from civil action in volunteer care? -CORRECT ANSWER Yes, except
gross negligence
When can a physician be charged with "assault and battery"? -CORRECT ANSWER
Un-consented surgery or examination or when exceeding the scope of the consent
,When can a physician be charged with patient abandonment? -CORRECT ANSWER
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"? -CORRECT 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? -CORRECT ANSWER No, unless the
hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? -CORRECT ANSWER Judge by inspection
How many days do you have to release medical records to an attorney? -CORRECT
ANSWER 45 days
Can medical records be admitted as evidence in court? What are the requirements? -
CORRECT ANSWER Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs? -CORRECT ANSWER Schedule 1—no known
use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? -CORRECT ANSWER Prescription drugs other than
schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? -
CORRECT ANSWER One to prescribe; a separate registration for each location where
you dispense
How often do you renew your DEA license? -CORRECT ANSWER Every 3 years
Can you move your office location and then change your DEA? -CORRECT ANSWER
No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? -CORRECT ANSWER No,
also need Department of Public Safety Bureau of Narcotics and Dangerous Drug
registration
How often do you renew a DPS license? -CORRECT ANSWER Yearly
Do you have to display the DEA and DPS licenses? -CORRECT 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.)? -CORRECT ANSWER 7 days
, Can you have your DPS suspended and keep your DEA or vice versa? -CORRECT
ANSWER No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? -
CORRECT ANSWER No, number and number spelled out
Do you have to put intended use on prescription? -CORRECT ANSWER Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the
hospital? -CORRECT ANSWER 7 days; only if the drug was already rx in the hospital
What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers?
-CORRECT ANSWER Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone? -CORRECT ANSWER Yes, for
emergencies, and only for the duration of emergency
How many days does the physician have to mail the schedule's emergency prescription
to the pharmacy? -CORRECT ANSWER 7 days
How many days does the patient have to fill schedule 2 prescriptions? -CORRECT
ANSWER 7 days
Can you refill a schedule 2 prescription? How about schedule 3-5? -CORRECT
ANSWER No for schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office? -CORRECT ANSWER Any
qualified DESIGNATED person
Can they call in schedule 2? -CORRECT ANSWER Only physician in emergencies
Can a physician prohibit substitutions for generics? -CORRECT ANSWER Yes
From whom and how do you order schedule 2? Schedules 3-5? -CORRECT ANSWER
Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from
wholesaler
What drugs do you need to keep records on? How are the records kept? How often do
you need to do inventory? Do you need to submit the records? How long do you have to
keep the last inventory list? -CORRECT ANSWER If dispensed in office, then all
dangerous drugs, schedule drugs and samples; separate records for schedule 1+2;
inventory every 2 years; records are not submitted; keep records for 2 years
Who can inspect your drugs? -CORRECT ANSWER TMB, DPS, attorney general for
the DEA
