In a medical malpractice case, in what circumstances will an expert be able to rely solely on evidence that supports his opinion?

California, United States of America


The following excerpt is from People v. Bui, 103 Cal.Rptr.2d 908, 86 Cal.App.4th 1187 (Cal. App. 2001):

evidence upon which the expert can base an opinion, the expert may have to turn to forms of circumstantial evidence on which he might not otherwise rely. In such circumstances, the necessity for the information dictates that courts accord to experts somewhat greater latitude in sources of information than might otherwise be the case." (Buckwalter v. Airline Training Center (1982) 134 Cal.App.3d 547, 553-554, 184 Cal.Rptr. 659.)

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