What is the test for a reversal of a judgment in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Diaz, H040396 (Cal. App. 2015):

" ' "To warrant the rejection of the statements given by a witness who has been believed by a trial court, there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions. [Citations.] Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends." ' [Citation.]" (People v. Maciel (2013) 57 Cal.4th 482, 519.)

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