What is the test for a new medical theory?
California, United States of America
The following excerpt is from M.O. v. Palomar Health, D074410 (Cal. App. 2019):
There is an exception to this general rule for new theories involving only legal questions that can be determined from facts uncontradicted in the record and unalterable by the presentation of additional evidence. (Ward v. Taggart (1959) 51 Cal.2d 736, 742; In re Marriage of Priem (2013) 214 Cal.App.4th 505, 511.) However, the exception does not apply here because the question of the on-call physicians' status as independent
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