Does a substantial evidence analysis in a medical malpractice case have any relation to the "some evidence" standard of review?
California, United States of America
The following excerpt is from People v. Breaux, B268399 (Cal. App. 2017):
Just as defendant's analysis bears no relationship to the "some evidence" standard of review, his substantial evidence analysis consists of no more than a recitation of the evidence that if given greater weight, might have supported a contrary opinion. Facts which merely afford an opportunity for a difference of opinion do not establish an abuse of discretion. (People v. Clair (1992) 2 Cal.4th 629, 655.)
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