When will a defendant's claim that she refused to be examined for medical malpractice be considered in the context of an expert testimony?

Defendant also claims that the trial court erred by allowing the prosecution to reference defendant's refusal during closing argument. This argument is forfeited by defendant's failure to object at trial ( People v. Gamache (2010) 48 Cal.4th 347, 372, 106 Cal.Rptr.3d 771, 227 P.3d 342 ), and in any event it

[11 Cal.5th 437]

lacks merit. The prosecutor argued that evidence of defendant's refusal was relevant to the weight of defense expert testimony, a consideration we have recognized as proper. ( People v. Carpenter , supra , 15 Cal.4th at p. 412, 63 Cal.Rptr.2d 1, 935 P.2d 708.) Defendant cites no authority for her view that she did not personally refuse to be examined, and she offers no reason to dispel the general rule that absent complaint at trial, the acts of her counsel are imputed to her. ( People v. Marsden (1970) 2 Cal.3d 118, 125, 84 Cal.Rptr. 156, 465 P.2d 44.)