What is the admissibility and parameters of expert testimony in medical malpractice cases?

California, United States of America


The following excerpt is from People v. Clotfelter, 279 Cal.Rptr.3d 487, 65 Cal.App.5th 30 (Cal. App. 2021):

We begin with the admissibility and parameters of expert witness testimony. "While lay witnesses are allowed to testify only about matters within their personal knowledge ( Evid. Code, 702, subd. (a) ), expert witnesses are given greater latitude .... An expert may express an opinion on 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.... When giving such testimony, the expert often relates relevant principles or generalized information rather than reciting specific statements made by others." ( People v. Sanchez (2016) 63 Cal.4th 665, 675, 204 Cal.Rptr.3d 102, 374 P.3d 320 ( Sanchez ).)

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)
Is expert testimony on hypothetical facts in a medical malpractice case admissible? (California, United States of America)
What is the test for the admissibility 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 test for admissibility of expert opinion 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 test for admissibility of expert testimony in a medical malpractice case? (California, United States of America)
What is the test for admissibility of expert testimony in medical malpractice cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.