What is the test for having personal knowledge of the underlying facts of a medical malpractice case?
California, United States of America
The following excerpt is from Jimenez v. Markets, E067801 (Cal. App. 2018):
His opinion was plainly relevant. It was not speculative; he had reviewed all of the other evidence in the case, and he explained how this evidence supported his opinion. He was not required to have personal knowledge of the underlying facts, because they were shown by other evidence. (Evid. Code, 801, subd. (b); People v. Sanchez (2016) 63 Cal.4th 665, 686.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
In a brief, how have the facts of a medical malpractice case been treated by the Medical Records Commission? (California, United States of America)
Can a plaintiff be held liable for failing to acquire knowledge of the facts of a medical malpractice case? (California, United States of America)
How has section 855.4 of the California Medical Code been interpreted in the context of medical malpractice cases? (California, United States of America)
What is the actual knowledge standard for inference in a medical malpractice case? (California, United States of America)
In a motion to suppress evidence in a medical malpractice case, has a recommending physician ever been allowed to attach a statement recommending marijuana for medical purposes? (California, United States of America)
What is the test for personal injury claims in the context of medical malpractice cases? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
What is the effect of section 2(2) of the California Medical Terminations Act on medical malpractice cases? (California, United States of America)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
