QUESTIONS AND ANSWERS 100

Texas JP Exam Study Guide EXAM

QUESTIONS AND ANSWERS 100%

SOLVED (Newest 2025) Can a patient successfully sue a doctor if there is no physician-patient relationship? - Correct Answers ✅No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from the patient for treatment? - Correct Answers ✅No Does being on call give rise to a physician-patient relationship? - Correct Answers ✅No How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? - Correct Answers ✅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 Answers ✅Yes What is proximate cause? - Correct Answers ✅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 Answers ✅Cause-in-fact (but-for test) and foreseeability 1 / 4

Texas JP Exam Study Guide EXAM

QUESTIONS AND ANSWERS 100%

SOLVED (Newest 2025) Does an expert witness have to

• be actively practicing medicine?
• know standards of care?
• have enough training to express an opinion on whether

standard of care was provided?

• be board certified? - Correct Answers ✅Yes

Yes Yes No, has to be board certified or equivalent In a medical malpractice case, are expert witnesses required?

• Correct Answers ✅Yes, with two exceptions

In a medical malpractice setting, what 2 instances do not need expert testimony? - Correct Answers ✅Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken) What are exemplary damages? - Correct Answers ✅Damages above compensatory designed to punish the defendant and deter the behavior 2 / 4

Texas JP Exam Study Guide EXAM

QUESTIONS AND ANSWERS 100%

SOLVED (Newest 2025) When do you award them? - Correct Answers ✅To punish and deter defendant Is there a cap to noneconomic damages? How much? - Correct Answers ✅$250,000 for physicians, $500,000 for hospitals Does this cap depend on the number of defendants or claimants? - Correct Answers ✅No What is proportional responsibility? - Correct Answers ✅Percentage of liability apportioned according to percentage of fault Can the claimant have part of the proportional responsibility?

• Correct Answers ✅Yes

If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? - Correct Answers ✅If > 50%, no damages awarded How long is the statute of limitations for adults? Minors? - Correct Answers ✅2 years; for minors 2 years after becoming 18 years of age 3 / 4

Texas JP Exam Study Guide EXAM

QUESTIONS AND ANSWERS 100%

SOLVED (Newest 2025) By how much can this be extended and how? - Correct Answers ✅File a complaint-extra 60-day, notice letter extends statute by 75 days What is the statute of limitations for wrongful death? - Correct Answers ✅2 years What is the discovery rule? GIve examples. - Correct Answers ✅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 Answers ✅Yes, except gross negligence Is there immunity from civil action in volunteer care? - Correct Answers ✅Yes, except gross negligence When can a physician be charged with assault and battery? - Correct Answers ✅Un-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment?

• Correct Answers ✅Unilateral cessation of treatment when

continued treatment is necessary

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