What is the test for a plaintiff to bring an appeal against an instruction in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Plascencia, C068979 (Cal. App. 2013):

"'Generally, 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.' [Citation.]" (People v. Hudson (2006) 38 Cal.4th 1002, 1011-1012.) Defendant made no such request here. Accordingly, his claims of instructional error are forfeited.

In any event, the claims lack merit. The reasonableness of a defendant's beliefs and conduct are judged from the viewpoint of a reasonable person in the same position as defendant. (People v. McGee (1947) 31 Cal.2d 229, 238.) "To do this, [the jury] must consider all the '"'facts and circumstances . . . in determining whether the defendant acted in a manner in which a reasonable man would act in protecting his own life or bodily safety.'"' [Citation.]" (People v. Jefferson (2004) 119 Cal.App.4th 508, 518,

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