What is the standard jury instruction on expert testimony in medical malpractice cases?

California, United States of America


The following excerpt is from People v. S.N. (In re S.N.), E055823 (Cal. App. 2014):

8. Further, CALCRIM No. 332, the standard jury instruction on expert opinion testimony, instructs the jury it "must decide whether information on which the expert relied was true and accurate," and it may "disregard any opinion" it finds "unbelievable, unreasonable, or unsupported by the evidence." (See Pen. Code, 1127b [sua sponte instructions required on expert testimony].) The instruction reflects the accepted wisdom that "any expert's opinion is only as good as the truthfulness of the information on which it is based." (People v. Ramirez (2007) 153 Cal.App.4th 1422, 1427.)

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