What is the test for challenging an instruction in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Thomas, 279 Cal.Rptr.3d 335, 64 Cal.App.5th 924 (Cal. App. 2021):
People v. Cole (2004) 33 Cal.4th 1158, 1210, [17 Cal.Rptr.3d 532, 95 P.3d 811].) The challenged instruction is viewed "in the context of the instructions as a whole and the trial record to determine whether there is a reasonable likelihood the jury applied the instruction in an impermissible manner." ( People v. Houston (2012) 54 Cal.4th 1186, 1229 [144 Cal.Rptr.3d 716, 281 P.3d 799].)
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