Texas Jurisprudence Exam 2023 With Correct Answers (graded A+)
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Course
NURSING
Institution
NURSING
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 rela...
Texas Jurisprudence Exam 2023 With
Correct Answers (graded A+)
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
eqivalent
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
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