Can a patient successfully sue a doctor if there is no physician-patient relationship? –
ANSWER No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? –
ANSWER No
Does being on call give rise to a physician-...
Texas Jurisprudence Exam
Can a patient successfully sue a doctor if there is no physician-patient relationship? – ANSWER No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? – ANSWER No Does being on call give rise to a physician-patient relationship? – ANSWER No How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? – 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? – ANSWER Yes What is "proximate cause"? – 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? – ANSWER Cause-in-fact (but-for test) and foreseeability Does an expert witness have to be actively practicing medicine? - ANSWER Yes
Does an expert witness have to know standards of care? – ANSWER Yes Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? – ANSWER Yes Does an expert witness have to be board certified? – ANSWER No, board certified or equivalent In a medical malpractice case, are expert witnesses required? – ANSWER Yes, with two exceptions In a medical malpractice setting, what 2 instances do not need expert testimony? – ANSWER Res ipsa loquitur (e.g., amputation of wrong leg) and negligence
per se (a law was broken) What are "exemplary damages"? – ANSWER Damages above compensatory designed to punish the defendant and deter the behavior Is there a cap to noneconomic damages? How much? – ANSWER $250,000 for physicians, $500,000 for hospitals Does the cap on noneconomic damage depend on the number of defendants or claimants? – ANSWER No What is "proportional responsibility"? – ANSWER Percentage of liability apportioned according to percentage of fault Can the claimant have part of the proportional responsibility? – ANSWER Yes If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? – ANSWER If > 50%, no damages awarded How long is the statute of limitations for adults? For minors? – 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? - ANSWER File complaint—extra 60-day, notice letter extends statute by 75 days What is the statute of limitations for wrongful death? – ANSWER 2 years What is the discovery rule? Give examples. – 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? – ANSWER Yes, except gross negligence Is there immunity from civil action in volunteer care? – ANSWER Yes, except gross negligence When can a physician be charged with "assault and battery"? – ANSWER Un-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment? – ANSWER Unilateral cessation of treatment when continued treatment is necessary What is "strict liability"? – 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? – ANSWER No, unless the hospital employs the physician Who determines in a criminal case if the medical records of a patient should be released? – ANSWER Judge by inspection How many days do you have to release medical records to an attorney? - ANSWER 45 days Can medical records be admitted as evidence in court? What are the requirements? – ANSWER Yes, but only with affidavit What are schedule 1, 2, 3, 4, 5 drugs? – ANSWER Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive What are dangerous drugs? – ANSWER Prescription drugs other than schedule 1-5 How many DEA registrations do you need if you prescribe drugs? dispense drugs? – ANSWER One to prescribe; a separate registration for each location where
you dispense
How often do you renew your DEA license? – ANSWER Every 3 years Can you move your office location and then change your DEA? – ANSWER No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? – ANSWER No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? – ANSWER Yearly
Do you have to display the DEA and DPS licenses? – 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.)? – ANSWER 7 days
Can you have your DPS suspended and keep your DEA or vice versa? - ANSWER No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription? – ANSWER No, number and number spelled out
Do you have to put intended use on prescription? – ANSWER Yes
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