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

California, United States of America


The following excerpt is from The People v. Montes, B216923, Super. Ct. No. NA081455 (Cal. App. 2010):

(a) [r]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and [] (b) [b]ased on matter (including his special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion." (See also People v. Killebrew (2002) 103 Cal.App.4th 644, 651.)

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