In a medical negligence case, does an expert have to establish the appropriate standard of care?
California, United States of America
The following excerpt is from Stoddard v. Ravaei, B252791 (Cal. App. 2014):
In medical negligence cases, motions for summary judgment require an expert to establish the appropriate standard of care, unless the conduct is such that a layperson could recognize that the injury occurred due to a negligent act or omission. (Curtis v. Santa Clara (2003) 110 Cal.App.4th 796, 800.) Evidence Code section 720, subdivision (a) defines an expert as a person having "special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates." In medical negligence cases, a physician defendant may be his or her own expert. (O'Connor v. Bloomer (1981) 116 Cal.App.3d 385.)
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