What is the test for opinion testimony in medical malpractice cases?
California, United States of America
The following excerpt is from People v. Wareham, A128406 (Cal. App. 2011):
Opinion testimony by an expert witness is admissible if it is "[R]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." (Evid. Code, 801, subd. (a)). "[T]he decision of a trial court to admit expert testimony 'will not be disturbed on appeal unless a manifest abuse of discretion is shown.' " (People v. McAlpin (1991) 53 Cal.3d 1289, 1299.)
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