What is the actual knowledge standard for inference in a medical malpractice case?
California, United States of America
The following excerpt is from Dick v. Beall, G043803 (Cal. App. 2011):
knowledge can be inferred from the circumstances only if . . . such inference is not based on speculation or conjecture." (Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504, 514, fn. 4 [case discussing actual knowledge standard in an other context].) We must ascertain whether the evidence in the record supports a reasonable inference of knowledge, despite defendants' protestations to the contrary.
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