What is the test for determining whether the prosecution has carried its burden on an expert in a medical malpractice case?
California, United States of America
The following excerpt is from People v. DeLarosa, E066629 (Cal. App. 2018):
3. Moreover, the trial court instructed the jury it was their duty to determine whether the prosecution had carried its burden and they must independently evaluate the testimony of experts, including by considering the reasons the expert gave for an opinion, and the facts or information on which the expert relied in reaching that opinion. We presume the jury followed these directions. (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 41.)
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