What is the standard for a jury to determine if there are conflicting opinions in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Kronemyer, 189 Cal.App.3d 314, 234 Cal.Rptr. 442 (Cal. App. 1987):

14 A similar concern was recently addressed in People v. Simon (1986) 184 Cal.App.3d 125, 129-135, 228 Cal.Rptr. 855. There, we discussed apparently conflicting views in reported decisions and held the proper standard was for the jury to be required to find the existence of specific intent in the prior acts by a preponderance of the evidence.

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