Texas Jurisprudence Exam questions and answers
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2023/2024 GRADED A+ m m
Can a patient successfully sue a doctor if there is no physician-
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patient relationship? - No m m m
If there is no prior physician-
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patient relationship, are you legally obliged to respond to a call from a patient f
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or treatment? - No
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Does being on call give rise to a physician-patient relationship? - No
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How can one terminate a physician-
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patient relationship, without abandonment if there is ongoing treatment? -
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m 30 days written notice; must provide for emergency
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Does a physician's duty extend to the unborn child or potential victims of an ill
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patient? - Yes m m
What is "proximate cause"? -
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m Prove that negligence caused harm and that the cause was not too remote;
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m what is required to hold a defendant liable in a civil lawsuit
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What are the two components of proximate cause? - Cause-in-fact (but-
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for test) and foreseeability
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,Texas Jurisprudence Exam questions and answers
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2023/2024 GRADED A+ m m
Does an expert witness have to be actively practicing medicine? - Yes
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Does an expert witness have to know standards of care? - Yes
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Does an expert witness have to have enough training to express an opinion on
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whether standard of care was provided? - Yes
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Does an expert witness have to be board certified? -
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No, board certified or eqivalent
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In a medical malpractice case, are expert witnesses required? -
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m Yes, with two exceptions
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In a medical malpractice setting, what 2 instances do not need expert testimony?
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m -
m Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law w
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as broken)
m
What are "exemplary damages"? -
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m Damages above compensatory designed to punish the defendant and deter the
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m behavior
,Texas Jurisprudence Exam questions and answers
m m m m m m
2023/2024 GRADED A+ m m
Is there a cap to noneconomic damages? How much? - $250,000 for physicians,
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$500,000 for hospitals m m
Does the cap on noneconomic damage depend on the number of defendants or
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m claimants? - No m m
What is "proportional responsibility"? -
m m m m
m Percentage of liability apportioned according to percentage of fault
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Can the claimant have part of the proportional responsibility? - Yes
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If the claimant's proportionate responsibility is more than what %, he/she may n
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ot recover damages? - If > 50%, no damages awarded
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How long is the statute of limitations for adults? For minors? -
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m 2 years; for minors 2 years after becoming 18 years of age
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By how much can the statute of limitations be extended and how? -
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mFile complaint
m
—extra 60-day, notice letter extends statute by 75 days
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, Texas Jurisprudence Exam questions and answers
m m m m m m
2023/2024 GRADED A+ m m
What is the statute of limitations for wrongful death? - 2 years
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What is the discovery rule? Give examples. -
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m Statute does not begin until damage is discovered. For example, a retained spo
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nge that is found 3 years post-op
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Is there immunity from civil action in emergency cases? -
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Yes, except gross negligence
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Is there immunity from civil action in volunteer care? -
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Yes, except gross negligence
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When can a physician be charged with "assault and battery"? - Un-
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consented surgery or examination or when exceeding the scope of the consent
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When can a physician be charged with patient abandonment? -
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Unilateral cessation of treatment when continued treatment is necessary
m m m m m m m m m
m m m m m m
2023/2024 GRADED A+ m m
Can a patient successfully sue a doctor if there is no physician-
m m m m m m m m m m m
patient relationship? - No m m m
If there is no prior physician-
m m m m m
patient relationship, are you legally obliged to respond to a call from a patient f
m m m m m m m m m m m m m m
or treatment? - No
m m m
Does being on call give rise to a physician-patient relationship? - No
m m m m m m m m m m m
How can one terminate a physician-
m m m m m
patient relationship, without abandonment if there is ongoing treatment? -
m m m m m m m m m
m 30 days written notice; must provide for emergency
m m m m m m m
Does a physician's duty extend to the unborn child or potential victims of an ill
m m m m m m m m m m m m m m m
patient? - Yes m m
What is "proximate cause"? -
m m m m
m Prove that negligence caused harm and that the cause was not too remote;
m m m m m m m m m m m m
m what is required to hold a defendant liable in a civil lawsuit
m m m m m m m m m m m
What are the two components of proximate cause? - Cause-in-fact (but-
m m m m m m m m m m
for test) and foreseeability
m m m
,Texas Jurisprudence Exam questions and answers
m m m m m m
2023/2024 GRADED A+ m m
Does an expert witness have to be actively practicing medicine? - Yes
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Does an expert witness have to know standards of care? - Yes
m m m m m m m m m m m
Does an expert witness have to have enough training to express an opinion on
m m m m m m m m m m m m m m
whether standard of care was provided? - Yes
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Does an expert witness have to be board certified? -
m m m m m m m m m
No, board certified or eqivalent
m m m m m
In a medical malpractice case, are expert witnesses required? -
m m m m m m m m m
m Yes, with two exceptions
m m m
In a medical malpractice setting, what 2 instances do not need expert testimony?
m m m m m m m m m m m m
m -
m Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law w
m m m m m m m m m m m m m m
as broken)
m
What are "exemplary damages"? -
m m m m
m Damages above compensatory designed to punish the defendant and deter the
m m m m m m m m m m
m behavior
,Texas Jurisprudence Exam questions and answers
m m m m m m
2023/2024 GRADED A+ m m
Is there a cap to noneconomic damages? How much? - $250,000 for physicians,
m m m m m m m m m m m m
$500,000 for hospitals m m
Does the cap on noneconomic damage depend on the number of defendants or
m m m m m m m m m m m m
m claimants? - No m m
What is "proportional responsibility"? -
m m m m
m Percentage of liability apportioned according to percentage of fault
m m m m m m m m
Can the claimant have part of the proportional responsibility? - Yes
m m m m m m m m m m
If the claimant's proportionate responsibility is more than what %, he/she may n
m m m m m m m m m m m m
ot recover damages? - If > 50%, no damages awarded
m m m m m m m m m
How long is the statute of limitations for adults? For minors? -
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m 2 years; for minors 2 years after becoming 18 years of age
m m m m m m m m m m m
By how much can the statute of limitations be extended and how? -
m m m m m m m m m m m m
mFile complaint
m
—extra 60-day, notice letter extends statute by 75 days
m m m m m m m m
, Texas Jurisprudence Exam questions and answers
m m m m m m
2023/2024 GRADED A+ m m
What is the statute of limitations for wrongful death? - 2 years
m m m m m m m m m m m
What is the discovery rule? Give examples. -
m m m m m m m
m Statute does not begin until damage is discovered. For example, a retained spo
m m m m m m m m m m m m
nge that is found 3 years post-op
m m m m m m
Is there immunity from civil action in emergency cases? -
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Yes, except gross negligence
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Is there immunity from civil action in volunteer care? -
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Yes, except gross negligence
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When can a physician be charged with "assault and battery"? - Un-
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consented surgery or examination or when exceeding the scope of the consent
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When can a physician be charged with patient abandonment? -
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Unilateral cessation of treatment when continued treatment is necessary
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