What is the test for determining the credibility of expert testimony in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Dunham, D064060 (Cal. App. 2014):

" 'The credibility of the experts and their conclusions [are] matters [to be] resolved . . . by the jury,' and '[w]e are not free to reweigh or reinterpret [that] evidence.' " (People v. Poulsom (2013) 213 Cal.App.4th 501, 518.) Thus, for example, in rejecting the challenge to a finding made by the jury in a proceeding brought under the SVPA, the court explained that "[t]he conflict among the experts' opinions . . . did not render the evidence insufficient[,]" as "[t]he credibility and weight of the expert testimony was for the jury to determine, and it is not up to us to reevaluate it." (People v. Flores (2006) 144 Cal.App.4th 625, 632, 633.)

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