What is the test for a defense to object on appeal against an instruction in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Avignone, D075948 (Cal. App. 2021):

A claim of instructional error must be viewed" 'in the context of the instructions as a whole and the trial record to determine whether there is a reasonable likelihood the jury applied the instruction in an impermissible manner.'" (People v. Rivera (2019) 7 Cal.5th 306, 326.) To preserve a claim of instructional error for appellate review, the defense must object on the specific grounds raised on appeal in the trial court. (See People v. Lang (1989) 49 Cal.3d 991, 1024 ["A party may not complain on appeal that an instruction correct in law and responsive to the evidence was too general or incomplete unless the party has requested appropriate clarifying or amplifying language."] (Lang).) Failure to do so forfeits the issue. (People v. Hart (1999) 20 Cal.4th 546, 622 (Hart).)

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