What is considered expert testimony in medical malpractice cases?

California, United States of America


The following excerpt is from People v. Acevedo, D069516 (Cal. App. 2017):

Expert testimony is admissible when it is "[r]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." (Evid. Code, 801, subd. (a).) "In addition to matters within their own personal knowledge, experts may relate information acquired through their training and experience, even though that information may have been derived from conversations with others, lectures, study of learned treatises, etc. This latitude is a matter of practicality. A physician is not required to personally replicate all medical experiments dating back to the time of Galen in order to relate generally accepted medical knowledge that will assist the jury in deciding the case at hand. An expert's testimony as to information generally accepted in the expert's area, or supported by his [or her] own experience, may usually be admitted to provide specialized context the jury will need to resolve an issue." (People v. Sanchez (2016) 63 Cal.4th 665, 675.)

Page 14

Other Questions


In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
What is the case law on abuse of expert testimony in medical malpractice cases? (California, United States of America)
What is the test for requiring expert testimony in a medical malpractice case? (California, United States of America)
What is the impact of the exclusion of expert testimony in a medical malpractice case? (California, United States of America)
What is the test for admissibility of expert testimony in a medical malpractice case? (California, United States of America)
What is the impact of the exclusion of expert testimony in a medical malpractice case? (California, United States of America)
What is the test for admitting expert testimony in a medical malpractice case? (California, United States of America)
What is the test for obtaining expert testimony in a medical malpractice case? (California, United States of America)
What is the test for expert testimony in a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.