TEXAS JURISPRUDENCE STUDY GUIDE
EXAM QUESTIONS WITH CORRECT
ANSWERS
How can one terminate a physician-patient relationship, without abandonment, if there
is ongoing treatment? - Answer-30 days written notice, must provide for emergency
What is "proximate cause"? - Answer-Prove that negligence caused harm and that the
cause was not too remote; what is required to a hold a defendant liable in a civil lawsuit
What are the two components of proximate cause? - Answer-Cause-in-fact (but-for test)
and forseeability
In a medical malpractice setting, what two instances do not need expert testimony? -
Answer-Res ipsa loquitur (e.g. amputation of wrong leg) and negligence per se (a law
was broken)
Is there a cap to noneconomic damages? How much? - Answer-250K for physicians,
500K for hospitals
If the claimants proportionate responsibility is more than what %, then 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 18yo
In a criminal proceeding, is the physician-patient privilege communication confidential? -
Answer-No, except for mental health and substance abuse records; judicial ruling
should be obtained.
What is "therapeutic privilege", when can it be used, who has access to the information,
and what is the protocol the physician must follow? - Answer-If physician thinks that
information would be harmful to the patient, it can be withheld; in writing, copy in the
chart; films or tests must be released to patient representative.
How many years does a physician have to keep records for adults? For minors? -
Answer-7 years for adults; 7 years or until age 21 for minors; hospital must keep 10
years
Are substance abuse records admissible during criminal proceedings? - Answer-No,
unless the crime is extremely serious.
Is HIV information confidential? - Answer-Yes.
EXAM QUESTIONS WITH CORRECT
ANSWERS
How can one terminate a physician-patient relationship, without abandonment, if there
is ongoing treatment? - Answer-30 days written notice, must provide for emergency
What is "proximate cause"? - Answer-Prove that negligence caused harm and that the
cause was not too remote; what is required to a hold a defendant liable in a civil lawsuit
What are the two components of proximate cause? - Answer-Cause-in-fact (but-for test)
and forseeability
In a medical malpractice setting, what two instances do not need expert testimony? -
Answer-Res ipsa loquitur (e.g. amputation of wrong leg) and negligence per se (a law
was broken)
Is there a cap to noneconomic damages? How much? - Answer-250K for physicians,
500K for hospitals
If the claimants proportionate responsibility is more than what %, then 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 18yo
In a criminal proceeding, is the physician-patient privilege communication confidential? -
Answer-No, except for mental health and substance abuse records; judicial ruling
should be obtained.
What is "therapeutic privilege", when can it be used, who has access to the information,
and what is the protocol the physician must follow? - Answer-If physician thinks that
information would be harmful to the patient, it can be withheld; in writing, copy in the
chart; films or tests must be released to patient representative.
How many years does a physician have to keep records for adults? For minors? -
Answer-7 years for adults; 7 years or until age 21 for minors; hospital must keep 10
years
Are substance abuse records admissible during criminal proceedings? - Answer-No,
unless the crime is extremely serious.
Is HIV information confidential? - Answer-Yes.
