What is the test for admitting testimony in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Veamatahau, 259 Cal.Rptr.3d 205, 459 P.3d 10, 9 Cal.5th 16 (Cal. 2020):

["The ruling [to admit testimony] must be upheld if the evidence was admissible under any hearsay exception"]; People v. Nelson (2012) 209 Cal.App.4th 698, 710, 147 Cal.Rptr.3d 183, fn. omitted [" Hospital ... records ... fall within the umbrella of the business record exception [of section 1271]. [Citations.] [Such] records may also qualify as public records under section 1280"].) In

[259 Cal.Rptr.3d 218]

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