What is the test for a motion seeking to overturn a finding that an error by a judge in a medical malpractice case was harmful?
MultiRegion, United States of America
The following excerpt is from Franklin v. Henry, 122 F.3d 1270 (9th Cir. 1997):
In short, our minds as to the harmfulness of the error are in equipoise. The error could have been harmless. The error could have been harmful. In grave doubt as to the effect of the error, we must direct the district court to grant the petition. O'Neal v. McAninch, 513 U.S. 432, 115 S.Ct. 992, 130 L.Ed.2d 947 (1995).
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