What is the test for qualified expert testimony at a medical malpractice hearing?

California, United States of America


The following excerpt is from People v. Garcia-Munguia, B243213 (Cal. App. 2014):

4. "A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates." (Evid. Code, 720, subd. (a).) An expert witness may give opinion testimony "[b]ased on matter (including his special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion." (Evid. Code, 801, subd. (b).) A trial court's determinations a witness qualifies as an expert, and the expert's testimony is properly based, are matters left to the discretion of the trial court and will not be disturbed absent abuse of discretion. (People v. Jones (2013) 57 Cal.4th 899, 950-951; People v. Jones (2012) 54 Cal.4th 1, 57.) We find trial court error regarding a witness's credentials as an expert only if the evidence shows a witness clearly lacks qualification as an expert. (People v. Jones, supra, 54 Cal.4th at p. 57.)

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