TEXAS JURISPRUDENCE REAL ACTUAL

TEXAS JURISPRUDENCE REAL ACTUAL

EXAM WITH 500+ QUESTIONS AND

CORRECT VERIFIED ANSWERS | ALREADY

GRADED A+ | GURANTEED PASS | TEXAS

JURISPRUDENCE FINAL LATEST VERSION

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

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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

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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

Who can the NPDB give info to? How about to patients? How about statistical data? - ANSWER- Hospitals, self-requesting physicians, board, other state or federal agencies, attorneys; for statistical purposes if no identity disclosed

When is it not illegal to perform a third-trimester abortion? - ANSWER- To prevent mother's death, if unborn has severe irreversible brain damage

When is it not illegal to perform an abortion on a minor? - ANSWER- In emergency and with court order

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Is sexual contact between a physician and patient OK if the patient consents? - ANSWER- NO, the disparity of power does not allow consent

Why is it unprofessional to initially prescribe drugs over the Internet? - ANSWER- Did not verify identity of patient, no physician coverage or follow-up guaranteed

How can you terminate care to a patient? - ANSWER- 30 day notice, certified letter, available for emergencies during that time, give alternative physicians

What prescriptions does a physician need to keep records on? Dangerous drugs?Controlled substances? Samples? - ANSWER- Samples and dangerous drugs as part of medical record; for schedule 3-5 records and log; for schedule 2 separate log and records; keep record for 2 years; do inventory on schedule drugs every 2 years

Can the board administer monetary penalties? - ANSWER- Yes

What happens to his/her license if a physician goes to prison? - ANSWER- TMB is required to suspend

How many malpractice claims within what time period automatically open a board investigation? - ANSWER- 3 within 5 years

How many people from the TMB are necessary to temporarily suspend a license? - ANSWER- President appoints a 3-member panel; can be done by phone

Is self-reporting addiction a disciplinary action? Is a rehabilitation order a disciplinary order? - ANSWER- No; no, it is the only nondisciplinary order

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