What is the test for evaluating expert testimony in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Brambila, G046681 (Cal. App. 2013):

Moreover, the jury was instructed with CALCRIM No. 332 on how to evaluate expert testimony, including that it was up to them to establish if the opinion was accurate or true, "whether information on which the expert relied was true and accurate," and to disregard any opinion they found "unbelievable, unreasonable, or unsupported by the evidence." We presume the jury followed this instruction where there is no indication to the contrary. (People v. Gray (2005) 37 Cal.4th 168, 217.)

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