What is the test for admissible evidence in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Brock, 151 Cal.App.3d 757, 199 Cal.Rptr. 115 (Cal. App. 1984):

The requirement that the witness have "insufficient present recollection to enable him to testify fully and accurately" was also met. The witness had some limited recollection of the night in question but, as she repeatedly stated, her memory failed her as to what actually occurred in the hospital room. It is not necessary that a witness have no recollection whatever of an event before past recollection recorded is admissible. Indeed, in such a situation the totality of the absence of memory would render the evidence inadmissible. (People v. Simmons (1981) 123 Cal.App.3d 677, 682-683, 177 Cal.Rptr. 17.)

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