How have the courts considered tactical considerations in a medical malpractice case?

The soundness of these tactical considerations depends, in large measure, on whether trial counsel was justified in relying almost entirely on the medical malpractice defense, a decision this court has consistently refused to evaluate. (See People v. Scott (1997) 15 Cal.4th 1188, 1215, 65 Cal.Rptr.2d 240, 939 P.2d 354.) Even if we assume this decision was with in the broad range of reasonable tactical decisions, it is still questionable whether these tactical considerations outweighed the inherent advantages of jury trial, in which verdicts for guilt and penalty require the unanimous agreement of 12 individual

[129 Cal.Rptr.2d 639]

jurors rather than the opinion of a single judge.

[129 Cal.Rptr.2d 639]