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Texas Jurisprudence Exam Questions & 100% correct Answers- Latest Test | Graded A+ | Passed

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Can a patient successfully sue a doctor if there is no physician-patient relationship? Ξ -:- No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? Ξ -:- No Does being on call give rise to a physician-patient relati...

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  • August 27, 2024
  • 64
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Texas Jurisprudence
  • Texas Jurisprudence
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E x c e l l e n c e i s k e y | 2 0 2 0 2 5 ~ P a g e |1




Texas Jurisprudence Exam Questions & 100%
correct Answers- Latest Test | Graded A+ | Passed
Can a patient successfully sue a doctor if there is no physician-patient relationship?

Ξ -:- No



If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a
patient for treatment?

Ξ -:- No



Does being on call give rise to a physician-patient relationship?

Ξ -:- No



How can one terminate a physician-patient relationship, without abandonment if there is ongoing
treatment?

Ξ -:- 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?

Ξ -:- Yes



What is "proximate cause"?

Ξ -:- 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?

Ξ -:- Cause-in-fact (but-for test) and foreseeability



Does an expert witness have to be actively practicing medicine?

Ξ -:- Yes




26/08/2024 | © Copyright- This work may not be copied for profit.

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Does an expert witness have to know standards of care?

Ξ -:- Yes



Does an expert witness have to have enough training to express an opinion on whether standard of
care was provided?

Ξ -:- Yes



Does an expert witness have to be board certified?

Ξ -:- No, board certified or eqivalent



In a medical malpractice case, are expert witnesses required?

Ξ -:- Yes, with two exceptions



In a medical malpractice setting, what 2 instances do not need expert testimony?

Ξ -:- Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law

was broken)



What are "exemplary damages"?

Ξ -:- Damages above compensatory designed to punish the defendant and deter the

behavior



Is there a cap to noneconomic damages? How much?

Ξ -:- $250,000 for physicians, $500,000 for hospitals



Does the cap on noneconomic damage depend on the number of defendants or claimants?

Ξ -:- No



What is "proportional responsibility"?




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Ξ -:- Percentage of liability apportioned according to percentage of fault



Can the claimant have part of the proportional responsibility?

Ξ -:- Yes



If the claimant's proportionate responsibility is more than what %, he/she may not recover
damages?

Ξ -:- If > 50%, no damages awarded



How long is the statute of limitations for adults? For minors?

Ξ -:- 2 years; for minors 2 years after becoming 18 years of age



By how much can the statute of limitations be extended and how?

Ξ -:- File complaint—extra 60-day, notice letter extends statute by 75 days



What is the statute of limitations for wrongful death?

Ξ -:- 2 years



What is the discovery rule? Give examples.

Ξ -:- 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?

Ξ -:- Yes, except gross negligence



Is there immunity from civil action in volunteer care?

Ξ -:- Yes, except gross negligence



When can a physician be charged with "assault and battery"?




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Ξ -:- Un-consented surgery or examination or when exceeding the scope of the

consent



When can a physician be charged with patient abandonment?

Ξ -:- Unilateral cessation of treatment when continued treatment is necessary



What is "strict liability"?

Ξ -:- 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?

Ξ -:- No, unless the hospital employs the physician



Who determines in a criminal case if the medical records of a patient should be released?

Ξ -:- Judge by inspection



How many days do you have to release medical records to an attorney?

Ξ -:- 45 days



Can medical records be admitted as evidence in court? What are the requirements?

Ξ -:- Yes, but only with affidavit



What are schedule 1, 2, 3, 4, 5 drugs?

Ξ -:- Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine,

cocaine); schedule 3-5—less addictive



What are dangerous drugs?

Ξ -:- Prescription drugs other than schedule 1-5




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