Texas Jurisprudence Exam 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 What is "proximate cause"? - correct 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? - correct answer Cause -in-fact (but -for test) and forseeability In a medical malpractice setting, what two 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) Is there a cap to noneconomic damages? How much? - correct answer 250K for physicians, 500K for hospitals If the claimants proportionate responsibility is more than what %, then 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 18yo In a criminal proceeding, is the physician -patient privilege communication confidential? - correct 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? - correct answer If physician thinks that information would be harmful to the patient, it can be withheld; in writi ng, 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? - correct answer 7 years for adults; 7 years or until age 21 for minors; hospital must keep 10 years
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