What is the test for reweighing or reinterpreting the credibility of expert testimony in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Mercer, 70 Cal.App.4th 463, 82 Cal.Rptr.2d 723 (Cal. App. 1999):

The credibility of the experts and their conclusions were matters resolved against defendant by the jury. We are not free to reweigh or reinterpret the [70 Cal.App.4th 467] evidence. (People v. Perry (1972) 7 Cal.3d 756, 785, fn. 17, 103 Cal.Rptr. 161, 499 P.2d 129.) Moreover, we must draw all reasonable inferences in favor of the judgment. (People v. McCleod (1997) 55 Cal.App.4th 1205, 1220-1221, 64 Cal.Rptr.2d 545.)

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