What is the test for ineffective assistance in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Woodruff, 235 Cal.Rptr.3d 513, 421 P.3d 588, 5 Cal.5th 697 (Cal. 2018):
As noted previously, a claim of ineffective assistance requires a showing of deficient performance and a reasonable probability that the outcome would have differed absent the deficient performance. ( People v. Alexander, supra, 49 Cal.4th at p. 888, 113 Cal.Rptr.3d 190, 235 P.3d 873.) Here, the inquiry fails at the outset because the seven instances identified by defendant do not show that Blankenship made "false or misleading statements."
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