NGN ATI Texas Jurisprudence
Exam LATEST 2023
Can a patient successfully sue a doctor if there is no physician-patient relationship? correct answerNo
If
... [Show More] there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment?
correct answerNo
Does being on call give rise to a physician-patient relationship? correct answerNo
How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? correct
answer30 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 answerYes
What is "proximate cause"? correct answerProve 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 answerCause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine? correct answerYes
Does an expert witness have to know standards of care? correct answerYes
Does an expert witness have to have enough training to express an opinion on whether standard of care was provided?
correct answerYes
Does an expert witness have to be board certified? correct answerNo, board certified or eqivalent
In a medical malpractice case, are expert witnesses required? correct answerYes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony? correct answerRes ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"? correct answerDamages above compensatory designed to punish the defendant and
deter the behavior
Is there a cap to noneconomic damages? How much? correct answer$250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants? correct answerNo
What is "proportional responsibility"? correct answerPercentage of liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility? correct answerYes
If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? correct answerIf >
50%, no damages awarded
How long is the statute of limitations for adults? For minors? correct answer2 years; for minors 2 years after becoming 18
years of age
By how much can the statute of limitations be extended and how? correct answerFile complaint—extra 60-day, notice
letter extends statute by 75 days
What is the statute of limitations for wrongful death? correct answer2 years
What is the discovery rule? Give examples. correct answerStatute 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 answerYes, except gross negligence
Is there immunity from civil action in volunteer care? correct answerYes, except gross negligence
When can a physician be charged with "assault and battery"? correct answerUn-consented surgery or examination or
when exceeding the scope of the consent
When can a physician be charged with patient abandonment? correct answerUnilateral cessation of treatment when
continued treatment is necessary
What is "strict liability"? correct answerLiability 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 answerNo, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be released? correct answerJudge by
inspection
How many days do you have to release medical records to an attorney? correct answer45 days
Can medical records be admitted as evidence in court? What are the requirements? correct answerYes, but only with
affidavit
What are schedule 1, 2, 3, 4, 5 drugs? correct answerSchedule 1—no known use (e.g., heroin); schedule 2—very addictive
(morphine, cocaine); schedule 3-5—less addictive
What are dangerous drugs? correct answerPrescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs? correct answerOne to prescribe; a
separate registration for each location where you dispense
How often do you renew your DEA license? correct answerEvery 3 years
Can you move your office location and then change your DEA? correct answerNo, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas? correct answerNo, also need Department of Public Safety
Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license? correct answerYearly
Do you have to display the DEA and DPS licenses? correct answerNot 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
answer7 days
Can you have your DPS suspended and keep your DEA or vice versa? correct answerNo, they are interconne [Show Less]