Texas Jurisprudence Exam Questions

Texas Jurisprudence Exam Questions and 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?

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 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

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?

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

Question :Can the claimant have part of the proportional

responsibility?

Correct answer: Yes