What is the test for failing to obtain medical treatment in a civil case?

California, United States of America


The following excerpt is from People v. Adams, B293152 (Cal. App. 2020):

"It is the nature, extent, and seriousness of the injurynot the inclination or disinclination of the victim to seek medical treatmentwhich is determinative." (People v. Longoria (1995) 34 Cal.App.4th 12, 17.) "A peace officer who obtains 'medical treatment' when none is required has not sustained an 'injury' within the meaning of section 243, subdivision (c). And a peace officer who does not obtain 'medical treatment' when such treatment is required, has sustained an 'injury'. . . . The test is objective and factual." (Ibid., footnote omitted.) The medical treatment must be causally related to the injury sustained by the victim. (In re D.W., supra, 236 Cal.App.4th at p. 325.)

When considering a claim of insufficient evidence, we review the entirety of the record to determine whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. (People v. Hoyt (2020) 8 Cal.5th 892, 949-950.) The evidence in the record must be substantial, that is, reasonable in nature, credible, and of solid value. (Id. at p. 950.)

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