What is the test for cross-examining an expert in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Nieves, 11 Cal.5th 404, 278 Cal.Rptr.3d 40, 485 P.3d 457 (Cal. 2021):

"An expert witness may be cross-examined on, among other subjects, the matter upon which his or her opinion is based and the reasons for the opinion, including any statements by the defendant that formed the basis for the expert's opinion." ( People v. Coffman and Marlow , supra , 34 Cal.4th at p. 85, 17 Cal.Rptr.3d 710, 96 P.3d 30 ; Evid. Code, 721, subd. (a).) Although it is misconduct to misstate evidence during witness questioning ( People v. Hill (1998) 17 Cal.4th 800, 825, 72 Cal.Rptr.2d 656, 952 P.2d 673 ), a prosecutor may address the credibility of witnesses by reference to facts in the record

[485 P.3d 498]

( People v. Peoples , supra , 62 Cal.4th at p. 796, 198 Cal.Rptr.3d 365, 365 P.3d 230 ). "Prosecutors tread on dangerous ground, however, when they resort to epithets to drive home the falsity of defense evidence." ( People v. Ellis (1966) 65 Cal.2d 529, 539, 55 Cal.Rptr. 385, 421 P.2d 393.)

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