What constitutes "substantial evidence" in medical malpractice cases?

MultiRegion, United States of America

The following excerpt is from Urrutia v. Berryhill, Case No.: 1:17-cv-01676 - JLT (E.D. Cal. 2019):

The term "substantial evidence" "describes a quality of evidence ... intended to indicate that the evidence that is inconsistent with the opinion need not prove by a preponderance that the opinion is wrong." SSR 96-2p3, 1996 SSR LEXIS 9 at *8. "It need only be such relevant evidence as a reasonable mind would accept as adequate to support a conclusion that is contrary to the conclusion expressed in the medical opinion." Id.; see also Orn v. Astrue, 495 F.3d 625, 630 (9th Cir. 2007) (defining "substantial evidence" as "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion").

Other Questions


Is there any case law where a plaintiff's medical malpractice claim that the medical treatment he received was medically unacceptable? (MultiRegion, United States of America)
What is the standard of review on both the substantial and substantial evidence and the substantial evidence test? (MultiRegion, United States of America)
Does the failure to appoint an expert in a medical malpractice case constitute a constitutional violation? (MultiRegion, United States of America)
What constitutes a "serious medical need" in a medical malpractice case? (MultiRegion, United States of America)
Is a non-examining opinion of a physician sufficient to be considered substantial evidence in a medical malpractice case? (MultiRegion, United States of America)
How has the substantial evidence test been applied in medical malpractice cases? (MultiRegion, United States of America)
Is there any case law in support of a claim that medical malpractice is a form of malpractice? (MultiRegion, United States of America)
Does medical malpractice constitute a constitutional violation? (MultiRegion, United States of America)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
What is the test for assessing the evidence in a medical malpractice case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.