What is the test for ineffective representation in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Conway, B267567 (Cal. App. 2017):

In his supplemental brief, defendant contends that his attorney was ineffective because (as best we understand) he did not seek to suppress Rost's medical records and did not call Rost as a witness, thereby denying defendant his right to confront and cross-examine Rost. To prevail on his claim of ineffective assistance, defendant must establish that his counsel's representation fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel's deficient performance, the result of the trial would have been different. (Strickland v. Washington (1984) 466 U.S. 668, 686-687.)

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