What is the test for applying independent judgment in a medical malpractice case?

California, United States of America


The following excerpt is from McMillan v. Cnty. of Siskiyou, C087960 (Cal. App. 2020):

remains is a question of law, we apply independent or de novo review. (Id. at p. 560; see also People v. Cormer (2001) 24 Cal.4th 889, 894.) However, even when applying an independent judgment test, courts must give a strong presumption of correctness to the administrative findings, and the "burden rests upon the complaining party to show that the administrative decision is contrary to the weight of the evidence." (Fukuda v. City of Angels (1999) 20 Cal.4th 805, 816-817, internal quotation marks removed.)

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