Texas Jurisprudence Exam questions and answers
2026/2027 GRADED A+
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
,Texas Jurisprudence Exam questions and answers
2026/2027 GRADED A+
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
,Texas Jurisprudence Exam questions and answers
2026/2027 GRADED A+
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
, Texas Jurisprudence Exam questions and answers
2026/2027 GRADED A+
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
2026/2027 GRADED A+
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
,Texas Jurisprudence Exam questions and answers
2026/2027 GRADED A+
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
,Texas Jurisprudence Exam questions and answers
2026/2027 GRADED A+
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
, Texas Jurisprudence Exam questions and answers
2026/2027 GRADED A+
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
