What is the test for deliberate ignorance in a medical malpractice case?

A deliberate ignoranceor "willful blindness"instruction is only relevant if the jury rejects the governments evidence of actual knowledge. United States v. Heredia , 483 F.3d 913, 922 (9th Cir. 2007) (en banc). "In deciding whether to give a willful blindness instruction, in addition to an actual knowledge instruction, the district court must determine whether the jury could rationally find willful blindness even though it has rejected the governments evidence of actual knowledge." Id . A jury can believe some, but not all, evidence

[938 F.3d 1047]