Texas Jurisprudence Exam 2023 Questions and Answers Can a patient successfully sue a doctor if there is no physician-patient relationship? - Correct Answer No 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 Does being on call give rise to a physician-patient relationship? - Correct Answer No 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 Does a physician's duty extend to the unborn child or potential victims of an ill patient? - Correct Answer Yes 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 What are the two components of proximate cause? - Correct Answer Cause-in-fact (but-for test) and foreseeability Does an expert witness have to be actively practicing medicine? - Correct Answer Yes Does an expert witness have to know standards of care? - Correct Answer Yes Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? - Correct Answer Yes Does an expert witness have to be board certified? - Correct Answer No, board certified or eqivalent In a medical malpractice case, are expert witnesses required? - Correct Answer Yes, with two exceptions 1 / 4
In a medical malpractice setting, what 2 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) What are "exemplary damages"? - Correct Answer Damages above compensatory designed to punish the defendant and deter the behavior Is there a cap to noneconomic damages? How much? - Correct Answer $250,000 for physicians, $500,000 for hospitals Does the cap on noneconomic damage depend on the number of defendants or claimants? - Correct Answer No What is "proportional responsibility"? - Correct Answer Percentage of liability apportioned according to percentage of fault Can the claimant have part of the proportional responsibility? - Correct Answer Yes If the claimant's proportionate responsibility is more than what %, 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 18 years of age By how much can the statute of limitations be extended and how? - Correct Answer File complaint— extra 60-day, notice letter extends statute by 75 days What is the statute of limitations for wrongful death? - Correct Answer 2 years What is the discovery rule? Give examples. - Correct 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? - Correct Answer Yes, except gross negligence 2 / 4
Is there immunity from civil action in volunteer care? - Correct Answer Yes, except gross negligence When can a physician be charged with "assault and battery"? - Correct Answer Un-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment? - Correct Answer Unilateral cessation of treatment when continued treatment is necessary What is "strict liability"? - Correct 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? - Correct Answer No, unless the hospital employs the physician Who determines in a criminal case if the medical records of a patient should be released? - Correct Answer Judge by inspection How many days do you have to release medical records to an attorney? - Correct Answer 45 days Can medical records be admitted as evidence in court? What are the requirements? - Correct Answer Yes, but only with affidavit What are schedule 1, 2, 3, 4, 5 drugs? - Correct Answer Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive What are dangerous drugs? - Correct Answer Prescription drugs other than schedule 1-5 How many DEA registrations do you need if you prescribe drugs? dispense drugs? - Correct Answer One to prescribe; a separate registration for each location where you dispense How often do you renew your DEA license? - Correct Answer Every 3 years 3 / 4
Can you move your office location and then change your DEA? - Correct Answer No, need to change BEFORE move Is a DEA registration sufficient to prescribe drugs in Texas? - Correct Answer No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration How often do you renew a DPS license? - Correct Answer Yearly Do you have to display the DEA and DPS licenses? - Correct Answer Not required by any statute.How many days do you have to notify the DPS of any change in your information (name, address, tel., etc.)? - Correct Answer 7 days Can you have your DPS suspended and keep your DEA or vice versa? - Correct Answer No, they are interconnected For schedules 2-5 drugs, can you just put the number of pills on prescription? - Correct Answer No, number and number spelled out Do you have to put intended use on prescription? - Correct Answer Yes With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? - Correct Answer 7 days; only if the drug was already rx in the hospital What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? - Correct Answer Official DPS form; no stickers Can a physician prescribe schedule 2 over the phone? - Correct Answer Yes, for emergencies, and only for the duration of emergency
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