What is the test for expert opinion in professional malpractice cases?
California, United States of America
The following excerpt is from Garibay v. Hemmat, 161 Cal.App.4th 735, 74 Cal.Rptr.3d 715 (Cal. App. 2008):
"In professional malpractice cases, expert opinion testimony is required to prove or disprove that the defendant performed in accordance with the prevailing standard of care [citation], except in cases where the negligence is obvious to laymen. [Citation.]" (Kelley v. Trunk (1998) 66 Cal.App.4th 519, 523, 78 Cal.Rptr.2d 122.)
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