Is an expert's opinion admissible at a medical malpractice hearing?

California, United States of America


The following excerpt is from People v. Rector, F064902, F065064 (Cal. App. 2014):

that the opinion of an expert would assist the trier of fact," and (2) the opinion is "Based on matter (including his special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates ...." (Evid. Code, 801.) Such testimony is permitted because the law favors the admission of evidence that makes comprehensible and logical that which is otherwise inexplicable and incredible. (People v. Gonzalez (2005) 126 Cal.App.4th 1539, 1551.)

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