What is the test for a jury to determine whether the jury improperly applied an instruction in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Rivera, 247 Cal.Rptr.3d 363, 441 P.3d 359, 7 Cal.5th 306 (Cal. 2019):
People v. Cole , supra , 33 Cal.4th at p. 1210, 17 Cal.Rptr.3d 532, 95 P.3d 811.) We consider the challenged instruction in the context of the instructions and record as a whole to ascertain whether there is a reasonable likelihood the jury impermissibly applied the instruction. ( Houston , supra , 54 Cal.4th at p. 1229, 144 Cal.Rptr.3d 716, 281 P.3d 799.)
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