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 00:0201:22 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