Texas Jurisprudence Exam: Chap 1-4
Can a patient successfully sue a doctor if there is no physician-patient relationship?(Ans- No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment?(Ans- No
Does being on call give rise to a physician-patient relationship?(Ans- No
How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment?(Ans- 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?(Ans- Yes
What is "proximate cause"?(Ans- 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?(Ans- Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine?(Ans- Yes
Does an expert witness have to know standards of care?(Ans- Yes
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Does an expert witness have to have enough training to express an opinion on whether standard of care was provided?(Ans- Yes
Does an expert witness have to be board certified?(Ans- No, board certified or equivalent
In a medical malpractice case, are expert witnesses required?(Ans- Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony?(Ans- Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"?(Ans- Damages above compensatory designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much?(Ans- $250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants?(Ans- No
What is "proportional responsibility"?(Ans- Percentage of liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility?(Ans- Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover damages?(Ans- If > 50%, no damages awarded 2 / 4
How long is the statute of limitations for adults? For minors?(Ans- 2 years; for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how?(Ans- File complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death?(Ans- 2 years
What is the discovery rule? Give examples.(Ans- 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?(Ans- Yes, except gross negligence
Is there immunity from civil action in volunteer care?(Ans- Yes, except gross negligence
When can a physician be charged with "assault and battery"?(Ans- Un-consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment?(Ans- Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"?(Ans- 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
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Are hospitals liable for the actions of a physician?(Ans- No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be released?(Ans- Judge by inspection
How many days do you have to release medical records to an attorney?(Ans- 45 days
Can medical records be admitted as evidence in court? What are the requirements?(Ans- Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs?(Ans- Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs?(Ans- Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?(Ans- One to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license?(Ans- Every 3 years
Can you move your office location and then change your DEA?(Ans- No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas?(Ans- No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
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