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Texas Jurisprudence Exam/34 Questions and Answers
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Texas Jurisprudence Exam/34 Questionsand Answers
How can one terminate a physician-patient relationship, without
abandonment, if there is ongoing treatment? - -30 days written notice, must
provide for emergency
-What is "proximate cause"? - -Prove that negligence caused harm and that
the cause was not too remote; what is required to a hold a defendant liable
in a civil lawsuit
-What are the two components of proximate cause? - -Cause-in-fact (but-for
test) and forseeability
-In a medical malpractice setting, what two instances do not need expert
testimony? - -Res ipsa loquitur (e.g. amputation of wrong leg) and
negligence per se (a law was broken)
-Is there a cap to noneconomic damages? How much? - -250K for
physicians, 500K for hospitals
-If the claimants proportionate responsibility is more than what %, then
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 18yo
-In a criminal proceeding, is the physician-patient privilege communication
confidential? - -No, except for mental health and substance abuse records;
judicial ruling should be obtained.
-What is "therapeutic privilege", when can it be used, who has access to the
information, and what is the protocol the physician must follow? - -If
physician thinks that information would be harmful to the patient, it can be
withheld; in writing, copy in the chart; films or tests must be released to
patient representative.
-How many years does a physician have to keep records for adults? For
minors? - -7 years for adults; 7 years or until age 21 for minors; hospital
must keep 10 years
-Are substance abuse records admissible during criminal proceedings? - -
No, unless the crime is extremely serious.
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