Texas Jurisprudence Exam With Verified Answers 2024
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Texas TBCE Jurisprudence
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Texas TBCE Jurisprudence
Texas Jurisprudence Exam With Verified Answers 2024
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? Corre...
Texas Jurisprudence Exam With
Verified Answers 2024
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
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
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? 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? Correct Answer: Yes, except
gross negligence
When can a physician be charged with "assault and battery"? Correct Answer: Un-
consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment? Correct Answer:
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"? Correct 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? Correct Answer: No, unless the
hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be
released? Correct Answer: Judge by inspection
How many days do you have to release medical records to an attorney? Correct
Answer: 45 days
Can medical records be admitted as evidence in court? What are the requirements?
Correct Answer: Yes, but only with affidavit
, What are schedule 1, 2, 3, 4, 5 drugs? Correct Answer: Schedule 1—no known use
(e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
What are dangerous drugs? Correct Answer: Prescription drugs other than schedule
1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
Correct Answer: One to prescribe; a separate registration for each location where
you dispense
How often do you renew your DEA license? Correct Answer: Every 3 years
Can you move your office location and then change your DEA? Correct Answer: No,
need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? Correct Answer: No,
also need Department of Public Safety Bureau of Narcotics and Dangerous Drug
registration
How often do you renew a DPS license? Correct Answer: Yearly
Do you have to display the DEA and DPS licenses? Correct 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.)? Correct Answer: 7 days
Can you have your DPS suspended and keep your DEA or vice versa? Correct
Answer: No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription?
Correct Answer: No, number and number spelled out
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