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