What is the test for a trier of fact in a medical malpractice case?
California, United States of America
The following excerpt is from Wells Fargo Bank, N.A. v. 6354 Figarden Gen. P'ship, 190 Cal.Rptr.3d 13, 238 Cal.App.4th 370 (Cal. App. 2015):
Similarly, [s]o long as it does not do so arbitrarily, a [trier of fact] may entirely reject the testimony of a[n] ... expert, even where the [opposing party] does not call any opposing expert and the expert testimony is not contradicted. (Howard v. Owens Corning (1999) 72 Cal.App.4th 621, 633, 85 Cal.Rptr.2d 386.)
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