What is the test for assessing contradictory evidence in a medical malpractice case?

California, United States of America


The following excerpt is from Cal Agri Prods., LLC v. Steckler, B263366 (Cal. App. 2016):

We assess these findings under the substantial evidence standard, by which our review begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted, to support the findings. The "'test is not the presence or absence of a substantial conflict in the evidence. Rather, it is simply whether there is substantial evidence in favor of the respondent. If this "substantial" evidence is present, no matter how slight it may appear in comparison with the contradictory evidence, the judgment must be upheld. As a general rule, therefore, we will look only at the evidence and reasonable inferences supporting the successful party, and disregard the contrary showing.' [Citation.]" (Morgan v. Imperial Irrigation Dist. (2014) 223 Cal.App.4th 892, 917.)

Other Questions


What is the test for determining whether a medical malpractice case has been successful when the medical director made a determination based on the extrinsic evidence? (California, United States of America)
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
In a motion to suppress evidence in a medical malpractice case, has a recommending physician ever been allowed to attach a statement recommending marijuana for medical purposes? (California, United States of America)
Does a substantial evidence analysis in a medical malpractice case have any relation to the "some evidence" standard of review? (California, United States of America)
In a medical malpractice case, in the context of sexual assault allegations, is there any case law where a jury was instructed to consider the evidence in the closing argument? (California, United States of America)
What is the test for assessing credible and solid value of evidence in a medical malpractice case? (California, United States of America)
What is the test for assessing credible and solid value of evidence in a medical malpractice case? (California, United States of America)
What is the test for admitting into evidence an autopsy photograph of a patient as evidence in a medical malpractice case? (California, United States of America)
What is the test for assessing the evidence in the context of a medical malpractice case? (California, United States of America)
What is the test for false evidence in a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.