What is the legal test for the absence of an unconsciousness instruction in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Smallen, E060839 (Cal. App. 2015):

4. If a trial court gives an instruction, it must provide a complete and accurate statement of the law. (People v. Ramirez (2015) 233 Cal.App.4th 940, 949.)

5. Structural error, which is reversible per se, applies only to instructional errors that "'categorically "'vitiat[e] all the jury's findings.'"' [Citation.]" (People v. Mil (2012) 53 Cal.4th 400, 412.) Omission of the unconsciousness instruction in this case, even if it had been required, would not rise to that level of error.

Other Questions


In a medical malpractice case, in the context of sexual assault allegations, is there any case law where a jury was instructed to consider the evidence in the closing argument? (California, United States of America)
What is the test for legal adequacy of jury instructions in medical malpractice cases? (California, United States of America)
What is the legal test for objecting to an instruction in a medical malpractice case? (California, United States of America)
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
What is the test for a jury to determine whether the jury improperly applied an instruction in a medical malpractice case? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
Is there any case law where an evidentiary privilege has been applied in the context of a medical malpractice case? (California, United States of America)
What is the effect of section 2(2) of the California Medical Terminations Act on medical malpractice cases? (California, United States of America)
How have courts interpreted a burden-shifting instruction in a medical malpractice case? (California, United States of America)
What is the legal test for a motion to stay an action brought by investors in a medical malpractice case brought by defendants in an arbitration proceeding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.