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

California, United States of America


The following excerpt is from People v. Dumont, D074163 (Cal. App. 2020):

These statutes establish two requirements for the admissibility of expert testimony: (1) the subject matter of the testimony must be sufficiently beyond common experience to assist the trier of fact and (2) the testimony must be based on a proper matter, either personal knowledge or any other matter upon which experts in the field may reasonably rely. (See People v. Olguin (1994) 31 Cal.App.4th 1355, 1371.) "Expert opinion is not admissible if it consists of inferences and conclusions which can be drawn as easily and intelligently by the trier of fact as by the witness." (People v. Torres (1995) 33 Cal.App.4th 37, 45.)

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