TEXAS JURISPRUDENCE EXAM (CHAP 1-4)
2024-2025 QUESTIONS WITH 100% CORRECT
ASWER
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
,TEXAS JURISPRUDENCE EXAM (CHAP 1-4)
2024-2025 QUESTIONS WITH 100% CORRECT
ASWER
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
, TEXAS JURISPRUDENCE EXAM (CHAP 1-4)
2024-2025 QUESTIONS WITH 100% CORRECT
ASWER
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
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