Texas Jurisprudence Exam 2022 Questions and Answers
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Course
Texas Jurisprudence
Institution
Texas Jurisprudence
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-...
texas jurisprudence exam 2022 questions and answers
can a patient successfully sue a doctor if there is no physician patient relationship
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Texas Jurisprudence Exam
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 equivalent
,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
How many DEA registrations do you need if you prescribe drugs?
dispense drugs? –
ANSWER One to prescribe; a separate registration for each location where
you dispense
How often do you renew your DEA license? –
ANSWER Every 3 years
Can you move your office location and then change your DEA? –
ANSWER No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? –
ANSWER No, also need Department of Public Safety Bureau of Narcotics
and Dangerous Drug registration
How often do you renew a DPS license? –
ANSWER Yearly
Do you have to display the DEA and DPS licenses? –
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.)? –
ANSWER 7 days
Can you have your DPS suspended and keep your DEA or vice versa? -
ANSWER No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on
prescription? –
ANSWER No, number and number spelled out
Do you have to put intended use on prescription? –
ANSWER Yes
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