What is the legal test for an expert opinion in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Stevens, A130778 (Cal. App. 2012):

Defendant's objection fails on its merits in any event. Our review of trial court determinations with respect to expert opinion evidence is deferential: "Where expert opinion evidence is offered, much is left to the discretion of the trial court. [Citation.] The trial court is given wide latitude in determining the qualifications of an expert. That determination will not be disturbed on appeal except for a manifest abuse of discretion, i.e., where ' " 'the evidence shows that a witness clearly lacks qualification as an expert . . . .' " ' [Citation.] An individual is qualified to testify as an expert 'if he [or she] has special knowledge, skill, experience, training, or education sufficient to qualify him [or her] as an expert on the subject to which his [or her] testimony relates.' " (People v. Mendibles (1988) 199 Cal.App.3d 1277, 1295 (Mendibles), disapproved on other grounds in People v. Soto (2011) 51 Cal. 4th 229, 248, fn. 12.)

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