TEXAS JURISPRUDENCE EXAM |
QUESTIONS & ANSWERS (VERIFIED) |
2026/2027 LATEST UPDATE | GRADED
A+
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
1
,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
2
,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?
3
, 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?
4
QUESTIONS & ANSWERS (VERIFIED) |
2026/2027 LATEST UPDATE | GRADED
A+
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
1
,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
2
,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?
3
, 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?
4
