TEXAS JURISPRUDENCE EXAM

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TEXAS JURISPRUDENCE EXAM

(MEDICAL LICENSE TEST) –

QUESTIONS WITH CORRE CT

ANSWERS)

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?

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Correct answer:30 days written notice; must provide for

emergency

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

child or potential victims of an ill patient?

Correct answer:Yes

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

Question :Does an expert witness have to know standards

of care?

Correct answer:Yes

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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 :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?

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

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

Question :Is there a cap to noneconomic damages? How

much?

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

hospitals

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Question :Does the cap on noneconomic damage depend

on the number of defendants or claimants?

Correct answer:No

Question :Can the claimant have part of the proportional

responsibility?

Correct answer:Yes

Question :If the claimant's proportionate responsibility is

more than what %, he/she may not recover damages?

Correct answer:If > 50%, no damages awarded

Question :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

Question :By how much can the statute of limitations be

extended and how?