TEXAS STATE LICENSE - JURISPRUDENCE EXAM QUESTIONS AND ANSWERS 2024

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TEXAS STATE LICENSE - JURISPRUDENCE EXAM QUESTIONS AND ANSWERS 2024 Can a patient successfully sue a doctor if there is no physician-patient relationship? correct answer No If there is no pr... ior 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 answer30 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 answerProve 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 answerCause-in-fact (but-for test) and foreseeability Does an expert witness have to be actively practicing medicine? correct answerYes 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 answerNo, board certified or eqivalent In a medical malpractice case, are expert witnesses required? correct answerYes, with two exceptions In a medical malpractice setting, what 2 instances do not need expert testimony? correct answerRes ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken) What are "exemplary damages"? correct answerDamages 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 answerNo What is "proportional responsibility"? correct answerPercentage of liability apportioned according to percentage of fault Can the claimant have part of the proportional responsibility? correct answerYes If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? correct answerIf > 50%, no damages awarded How long is the statute of limitations for adults? For minors? correct answer2 years; for minors 2 years after becoming 18 years of age By how much can the statute of limitations be extended and how? correct answerFile complaint—extra 60-day, notice letter extends statute by 75 days What is the statute of limitations for wrongful death? correct answer2 years What is the discovery rule? Give examples. correct answerStatute 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 answerYes, except gross negligence Is there immunity from civil action in volunteer care? correct answerYes, except gross negligence When can a physician be charged with "assault and battery"? correct answerUn-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment? correct answerUnilateral cessation of treatment when continued treatment is necessary What is "strict liability"? correct answerLiability 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 answerNo, unless the hospital employs the physician Who determines in a criminal case if the medical records of a patient should be released? correct answerJudge by inspection How many days do you have to release medical records to an attorney? correct answer45 days Can medical records be admitted as evidence in court? What are the requirements? correct answerYes, but only with affidavit What are schedule 1, 2, 3, 4, 5 drugs? correct answerSchedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive What are dangerous drugs? correct answerPrescription drugs other than schedule 1-5 [Show More]

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