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Texas Jurisprudence Exam/551 Questions and Answers
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Texas Jurisprudence Exam/551 Questions and Answers
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Texas Jurisprudence Exam/551 Questionsand Answers
Can a patient successfully sue a doctor if there is no physician-patient
relationship? - -No
-If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment? - -No
-Does being on call give rise to a physician-patient relationship? - -No
-How can one terminate a physician-patient relationship, without
abandonment if there is ongoing treatment? - -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? - -Yes
-What is "proximate cause"? - -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? - -Cause-in-fact (but-for
test) and foreseeability
-Does an expert witness have to be actively practicing medicine? - -Yes
-Does an expert witness have to know standards of care? - -Yes
-Does an expert witness have to have enough training to express an opinion
on whether standard of care was provided? - -Yes
-Does an expert witness have to be board certified? - -No, board certified or
eqivalent
-In a medical malpractice case, are expert witnesses required? - -Yes, with
two exceptions
-In a medical malpractice setting, what 2 instances do not need expert
testimony? - -Res ipsa loquitur (e.g., amputation of wrong leg) and
negligence per se (a law was broken)
-What are "exemplary damages"? - -Damages above compensatory
designed to punish the defendant and deter the behavior
, -Is there a cap to noneconomic damages? How much? - -$250,000 for
physicians, $500,000 for hospitals
-Does the cap on noneconomic damage depend on the number of
defendants or claimants? - -No
-What is "proportional responsibility"? - -Percentage of liability apportioned
according to percentage of fault
-Can the claimant have part of the proportional responsibility? - -Yes
-If the claimant's proportionate responsibility is more than what %, he/she
may not recover damages? - -If > 50%, no damages awarded
-How long is the statute of limitations for adults? For minors? - -2 years; for
minors 2 years after becoming 18 years of age
-By how much can the statute of limitations be extended and how? - -File
complaint—extra 60-day, notice letter extends statute by 75 days
-What is the statute of limitations for wrongful death? - -2 years
-What is the discovery rule? Give examples. - -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? - -Yes, except
gross negligence
-Is there immunity from civil action in volunteer care? - -Yes, except gross
negligence
-When can a physician be charged with "assault and battery"? - -Un-
consented surgery or examination or when exceeding the scope of the
consent
-When can a physician be charged with patient abandonment? - -Unilateral
cessation of treatment when continued treatment is necessary
-What is "strict liability"? - -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? - -No, unless the hospital
employs the physician
, -Who determines in a criminal case if the medical records of a patient should
be released? - -Judge by inspection
-How many days do you have to release medical records to an attorney? - -
45 days
-Can medical records be admitted as evidence in court? What are the
requirements? - -Yes, but only with affidavit
-What are schedule 1, 2, 3, 4, 5 drugs? - -Schedule 1—no known use (e.g.,
heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less
addictive
-What are dangerous drugs? - -Prescription drugs other than schedule 1-5
-How many DEA registrations do you need if you prescribe drugs? dispense
drugs? - -One to prescribe; a separate registration for each location where
you dispense
-How often do you renew your DEA license? - -Every 3 years
-Can you move your office location and then change your DEA? - -No, need
to change BEFORE move
-Is a DEA registration sufficient to prescribe drugs in Texas? - -No, also need
Department of Public Safety Bureau of Narcotics and Dangerous Drug
registration
-How often do you renew a DPS license? - -Yearly
-Do you have to display the DEA and DPS licenses? - -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.)? - -7 days
-Can you have your DPS suspended and keep your DEA or vice versa? - -No,
they are interconnected
-For schedules 2-5 drugs, can you just put the number of pills on
prescription? - -No, number and number spelled out
-Do you have to put intended use on prescription? - -Yes
, -With how many days of a schedule 2-5 drug can a patient be discharged
from the hospital? - -7 days; only if the drug was already rx in the hospital
-What kind of prescription pad do you need for schedule 2 drugs? Can you
use stickers? - -Official DPS form; no stickers
-Can a physician prescribe schedule 2 over the phone? - -Yes, for
emergencies, and only for the duration of emergency
-How many days does the physician have to mail the schedule's emergency
prescription to the pharmacy? - -7 days
-How many days does the patient have to fill schedule 2 prescriptions? - -7
days
-Can you refill a schedule 2 prescription? How about schedule 3-5? - -No for
schedule 2. Max 5 refills for schedules 3-5.
-Who can call in prescription from a physician's office? - -Any qualified
DESIGNATED person
-Can they call in schedule 2? - -Only physician in emergencies
-Can a physician prohibit substitutions for generics? - -Yes
-From whom and how do you order schedule 2? Schedules 3-5? - -Schedule
2 on triplicate order form from distributor; schedules 3-5 regular form from
wholesaler
-What drugs do you need to keep records on? How are the records kept?
How often do you need to do inventory? Do you need to submit the records?
How long do you have to keep the last inventory list? - -If dispensed in
office, then all dangerous drugs, schedule drugs and samples; separate
records for schedule 1+2; inventory every 2 years; records are not
submitted; keep records for 2 years
-Who can inspect your drugs? - -TMB, DPS, attorney general for the DEA
-What is the method of ordering and accounting for drug samples? - -
Written and signed request by physician; must keep inventory and drug logs
-Can you repackage samples? - -No
-Do you need to keep records on samples? - -Yes, just like other meds
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