TEXAS JURISPRUDENCE EXAM

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TEXAS JURISPRUDENCE EXAM

QUESTIONS AND ANSWER S

Question :Can a patient successfully sue a doctor if there

is no physician-patient relationship?

Correct answer:No

Question :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

Question :Does being on call give rise to a physician-

patient relationship?

Correct answer:No

Question :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

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Question :Does a physician's duty extend to the unborn

child or potential victims of an ill patient?

Correct answer:Yes

Question :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

Question :What are the two components of proximate

cause?

Correct answer:Cause-in-fact (but-for test) and

foreseeability

Question :Does an expert witness have to be actively

practicing medicine?

Correct answer:Yes

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Question :Does an expert witness have to know standards

of care?

Correct answer:Yes

Question :Does an expert witness have to have enough

training to express an opinion on whether standard of care was provided?

Correct answer:Yes

Question :Does an expert witness have to be board

certified?

Correct answer:No, board certified or eqivalent

Question :In a medical malpractice case, are expert

witnesses required?

Correct answer:Yes, with two exceptions

Question :In a medical malpractice setting, what 2

instances do not need expert testimony?

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Correct answer:Res ipsa loquitur (e.g., amputation of

wrong leg) and negligence per se (a law was broken)

Question :What are "exemplary damages"?

Correct answer:Damages above compensatory designed

to punish the defendant and deter the behavior

Question :Is there a cap to noneconomic damages? How

much?

Correct answer:$250,000 for physicians, $500,000 for

hospitals

Question :Does the cap on noneconomic damage depend

on the number of defendants or claimants?

Correct answer:No

Question :What is "proportional responsibility"?

Correct answer:Percentage of liability apportioned

according to percentage of fault