What is the test for determining whether there is trustworthiness in a medical malpractice case?

California, United States of America


The following excerpt is from The People v. Astorga, No. E047950, No. INF060173 (Cal. App. 2010):

The determination as to whether trustworthiness is present "'requires the court to apply to the peculiar facts of the individual case a broad and deep acquaintance with the ways human beings actually conduct themselves in the circumstances material under the exception. Such an endeavor allows, in fact demands, the exercise of discretion.' [Citation.] A reviewing court may overturn the trial court's finding regarding

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trustworthiness only if there is an abuse of discretion." (People v. Frierson, supra, 53 Cal.3d at p. 745.)

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