TEXAS JURISPRUDENCE EXAM 500+ EXAM
QUESTIONS & CORRECT ANSWERS LATEST 2025
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
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
,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
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
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER-Schedule 1—no known use (e.g.,
heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? - ANSWER-Prescription drugs other than schedule 1-5
QUESTIONS & CORRECT ANSWERS LATEST 2025
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
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
,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
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
What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER-Schedule 1—no known use (e.g.,
heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? - ANSWER-Prescription drugs other than schedule 1-5
